Rule 6-504. Discovery; cases within magistrate court trial jurisdiction.

A. Disclosure by prosecution. Unless a different period of time is ordered by the trial court, within forty-five (45) days after arraignment or the date of filing of a waiver of arraignment, the prosecution shall disclose and make available to the defendant for inspection, copying, and photographing any records, papers, documents, and statements made by witnesses or other tangible evidence in its possession, custody, and control that are material to the preparation of the defense or are intended for use by the prosecution at the trial or were obtained from or belong to the defendant. B. Disclosure by defendant. Unless a different period of time is ordered by the trial court, within sixty (60) days after arraignment or the date of filing of a waiver of arraignment, the defendant shall disclose and make available to the prosecution for inspection, copying, and photographing any records, papers, documents, and statements made by witnesses or other tangible evidence in the defendant’s possession, custody, or control that the defendant intends to introduce in evidence at the trial. C. Witness disclosure. Unless a different period of time is ordered by the trial court, within forty-five (45) days after arraignment or the date of the filing of a waiver of arraignment, the prosecution shall provide to the defendant a list of the names and addresses of the witnesses that the prosecution intends to call for trial. Unless a different period of time is ordered by the trial court, within sixty (60) days after arraignment or the date of the filing of a waiver of arraignment, the defendant shall provide to the prosecution a list of the names and addresses of the witnesses that the defendant intends to call for trial. D. Witness interviews. Upon request of a party, any witness named on the witness list of the opposing party, other than the defendant, shall be made available for interview prior to trial. Either party may request a subpoena under Rule 6-606 NMRA if good faith efforts to secure the interview have been unsuccessful. E. Continuing duty to disclose. If a party discovers additional material or witnesses that the party previously would have been under a duty to disclose and make available at the time of such previous compliance if it were then known to the party, the party shall promptly give notice to the other party of the existence of the additional material or witnesses. F. 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: (1) order the party to provide the discovery or inspection of materials not previously disclosed; (2) grant a continuance to allow for completion of discovery; (3) order the party to complete the interview or inspect the materials at the trial setting; or (4) prohibit the party from calling a witness not disclosed or from introducing in evidence the material not disclosed; or (5) enter such other order as it deems appropriate under the circumstances, including but not limited to holding an attorney or party in contempt of court. G. Statement defined. As used in this rule, “statement” means: (1) a written statement made by a person and signed or otherwise adopted or approved by such person; (2) any mechanical, electrical, or other recording, or a transcription thereof, that is a recital of an oral statement; and (3) stenographic or written statements or notes that are in substance recitals of an oral statement. H. Applicability. This rule applies only to cases within magistrate court trial jurisdiction.