Rule jsc-28 NMRA
Rule jsc-28. Discovery.
A. Commencement of discovery. The parties may commence discovery
permitted by this rule only following filing of the judge’s response to a notice of formal
proceedings. If the judge fails to respond to a notice of formal proceedings,
investigative trial counsel may file a motion for leave to commence discovery.
B. Scope of discovery. As otherwise permitted and not limited by these rules,
either party may obtain discovery of any matter not privileged that is relevant to the
charges in a notice of formal proceedings or the defense thereto, including the
existence, description, nature, custody, condition and location of any documents,
electronically-stored information, or tangible things, and the identity and location of
persons having knowledge of any discoverable matter. The information sought need
not be admissible at a hearing on the merits if the information sought appears
reasonably calculated to lead to the discovery of admissible evidence.
C. Permissible discovery. The following discovery is permitted:
(1)
Depositions. The parties may each take one deposition. Additional
depositions requested by either party may only be taken following an order of the
presiding officer upon good cause shown. The party taking the deposition shall bear the
cost of the original record thereof. The other party may obtain a copy of the record at
that party’s expense. A party taking the deposition of an expert witness shall pay all
reasonable expert witness fees related thereto.
(2)
Recorded interviews. Either party may conduct recorded interviews, not
under oath, of witnesses named by either party. The parties shall make their witnesses
available and shall cooperate in scheduling recorded interviews. Both parties may ask
the witnesses questions. The recording party shall provide the other party with a copy
of the recordings. A party who has transcripts of recorded interviews prepared shall
provide a copy of the transcripts to the other party no later than the time required for
completion of discovery.
(3)
Requests for production of documents. Either party may request
documents, electronically-stored information, or the location of tangible things in the
possession or control of the other party and not disclosed in initial or supplemental
disclosures. Responses to requests for production of documents shall be made within
thirty (30) days of service thereof.
(4)
Entry onto property. Either party may request entry onto property if
entry is likely to produce information relevant to the charges of a notice of formal
proceedings or to the defenses thereto.
(5)
Expert witnesses. A party disclosing that an expert witness may testify
at a hearing on the merits shall provide the other party with a curriculum vitae or other
evidence of the expert witness’ qualifications; a list of the expert witness’ publications
for the preceding ten (10) years; a history of depositions, trials, and other testimony of
the expert witness for the preceding ten (10) years; and a copy of the expert witness’
report, which shall set forth the subject matter of the testimony, the basis for such
testimony and the substance thereof.
D. No other discovery permitted. Except as permitted by this rule, or for good
cause shown, no other discovery shall be permitted.
E. Objections to discovery. Objections to requests for discovery shall be made in
the responses to the discovery requests. A requesting party may file a motion to
compel discovery.