Rule 10-232 NMRA
Rule 10-232. Disclosure by the respondent child.
A. Information subject to disclosure. Unless a shorter period of time is ordered
by the court, within thirty (30) days after the date of the filing of a petition or not less
than ten (10) days before the adjudicatory hearing, whichever date occurs earlier, the
respondent child in a delinquency proceeding shall disclose or make available to the
state:
(1)
any books, papers, documents, photographs, tangible objects, or copies
or portions thereof, which are within the possession, custody or control of the
respondent child, and which the respondent child intends to introduce in evidence at the
adjudicatory hearing which were prepared by a witness whom the respondent child
intends to call at the adjudicatory hearing;
(2)
any results or reports of physical or mental examinations and of scientific
tests or experiments made in connection with the particular case, or copies thereof,
within the possession or control of the respondent child, which the respondent child
intends to introduce in evidence at the adjudicatory hearing or which were prepared by
a witness whom the respondent child intends to call at the adjudicatory hearing; and
(3)
a list of the names and addresses of the witnesses the respondent child
intends to call at the adjudicatory hearing, together with any recorded or written
statement made by any identified witness.
B. Examining, photographing or copying evidence. The state may examine,
photograph or copy any material disclosed pursuant to Paragraph A of this rule.
C. Information not subject to disclosure. Except as to scientific or medical
reports, this rule does not authorize the discovery or inspection of:
(1)
reports, memoranda or other internal defense documents made by the
respondent child, or the respondent child's attorneys in connection with the investigation
or defense of the case;
(2)
statements made by the respondent child to the respondent child's agents
or attorneys.
D. Certificate. The respondent shall file with the clerk of the court at least ten (10)
days prior to the adjudicatory hearing a certificate stating that all information required to
be produced pursuant to Paragraph A of this rule has been produced, except as
specified. The certificate shall contain an acknowledgment of the continuing duty to
disclose additional information. If information specifically excepted from the certificate is
furnished by the respondent child after the filing of the certificate, a supplemental
certificate shall be filed with the court setting forth the material furnished. A copy of the
certificate and any supplemental certificate shall be served on the state.
E. Failure to comply. If the respondent child fails to comply with any of the
provisions of this rule, the court may enter an order pursuant to Rule 10-165 NMRA and
Rule 10-137 NMRA.