Rule 7-504 NMRA
Rule 7-504. Discovery; cases within metropolitan court trial jurisdiction.
A. Disclosure by prosecution. Unless a different period of time is ordered by the
trial court, within thirty (30) 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, statements,
notes, and recordings made by or of witnesses or other tangible evidence in the
prosecution’s 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. Such disclosure shall include a written list of the names and
addresses of all witnesses whom the prosecution intends to call at the trial, together
with any record of any prior convictions of any such witness that is within the knowledge
of the prosecution. In cases involving charges of domestic violence, the prosecution
may use the district attorney’s office as the address for the alleged victim.
B. Disclosure by defendant. 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 defendant shall disclose and make available to the prosecution for
inspection, copying, and photographing any records, papers, documents, statements,
notes, and recordings made by or of witnesses or other tangible evidence in the
possession, custody, and control of the defendant that are intended for use by the
defendant at trial. Such disclosure shall include a written list of the names and
addresses of all witnesses whom the defendant intends to call at the trial, together with
any record of any prior convictions of any such witness that is within the knowledge of
the defendant.
C. Pre-trial interviews and depositions.
(1)
Pretrial interviews. If requested by either party, any person, other than
the defendant, with information that is subject to discovery, shall give an interview. A
party may obtain the interview by conferring in good faith with opposing counsel and the
person to be examined regarding scheduling of the interview. If good faith efforts to
schedule and conduct an interview are unsuccessful, the party may request a subpoena
to secure the presence of the person to be examined. Either party may record the
interview.
(2)
Depositions. A deposition may be taken under this rule upon:
(a) agreement of the parties; or
(b) order of the court, upon a showing that the deposition is necessary to
avoid injustice.
D. Scope of discovery. Unless otherwise limited by order of the court, the parties
may obtain discovery regarding any matter, not privileged, that is relevant to the offense
charged or the defense of the accused person, including the existence, description,
nature, custody, condition, and location of any books, documents or other tangible
things and the identity and location of persons having knowledge of any discoverable
matter. It is not ground for objection that the information sought will be inadmissible at
the trial if the information sought appears reasonably calculated to lead to the discovery
of admissible evidence.
E. Time and place of interview or deposition. Unless agreed to by the parties,
any interview or deposition allowed under this rule shall be conducted at such time and
place as ordered by the court.
F. Deadline for interview or deposition. Absent the prior approval of the assigned
trial judge, an interview or deposition may not be scheduled more than one hundred
(100) days after arraignment or the filing of a waiver of arraignment. If a party needs an
extension of time, the party must obtain court approval prior to the expiration of the one
hundred (100) day period. Failure to comply with this rule may be deemed a waiver of
the right to conduct an interview or deposition.
G. 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.
H. 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, grant a continuance, or prohibit the party from
calling a witness, or prohibit the party from introducing in evidence the material, or it
may enter such other order as it deems appropriate under the circumstances, including
but not limited to holding an attorney, party, or witness in contempt of court.