Rule 7-504 NMRA

Rule 7-504. Discovery; cases within metropolitan court trial jurisdiction.

Last amended: 2017Year: 2017Length: 799 wordsOfficial source
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.
Rule 7-504 NMRA: Rule 7-504. Discovery; cases within metropolitan court trial jurisdiction. | Justis AI