Rule 5-505 NMRA
Rule 5-505. Continuing duty to disclose.
Length: 190 wordsOfficial source
A. Additional material or witnesses. If, subsequent to compliance with Rule 5-501
or 5-502, and prior to or during trial, a party discovers additional material or witnesses
which he would have been under a duty to produce or disclose at the time of such
previous compliance if it were then known to the party, he shall promptly give written
notice to the other party or the party's attorney of the existence of the additional material
or witnesses.
B. Failure to comply. If at any time during the course of the proceedings it is
brought to the attention of the court that a party has failed to comply with this rule or
with an order issued pursuant to this rule, the court may order such party to permit the
discovery or inspection of materials not previously disclosed, grant a continuance, or
prohibit the party from calling a witness not disclosed, or introducing in evidence the
material not disclosed, or it may enter such other order as it deems appropriate under
the circumstances, including but not limited to holding an attorney in contempt of court
pursuant to Rule 5-112 of these rules.