Rule 10-331. Disclosure by the department.

A. Information subject to disclosure. Unless a shorter period of time is ordered by the court, no less than fifteen (15) days prior to any adjudicatory hearing or termination of parental rights hearing, the department shall disclose and make available to the parties: (1) any statement made by the respondent or a co-respondent, or copies thereof, which is in the possession, custody or control of the department and the existence of which is known, or by the exercise of due diligence may become known, to the children's court attorney; (2) any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are in the possession, custody or control of the department, and which are intended for use by the department as evidence at the adjudicatory hearing or termination of parental rights hearing, or were obtained from or belong to the respondent; (3) 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, which are in the possession, custody or control of the department and the existence of which is known, or by the exercise of due diligence, may become known to the children's court attorney; and (4) a written list of the names and addresses of all witnesses which the children's court attorney intends to call at the adjudicatory hearing or termination of parental rights hearing, together with any recorded or written statement made by the witness. B. Examining, photographing or copying evidence. The parties may examine, photograph or copy any material disclosed pursuant to Paragraph A of this rule. C. Certificate. At least ten (10) days prior to the adjudicatory hearing or termination of parental rights hearing, the children’s court attorney shall file with the clerk of the court 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 prior to the adjudicatory hearing or termination of parental rights hearing. If information specifically excepted from the certificate is furnished by the children's court attorney to the parties 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 parties. D. Information not subject to disclosure. Unless otherwise ordered, the children's court attorney shall not be required to disclose any material required to be disclosed by this rule if: (1) the disclosure will expose a confidential informer; or (2) there is substantial risk to some person of physical harm, intimidation, bribery, economic reprisals or unnecessary annoyance or embarrassment resulting from such disclosure, which outweighs any usefulness of the disclosure. When material is withheld under this rule, the children’s court attorney shall disclose to the parties that material has been withheld, together with a description of the nature of the documents, communications or things not disclosed that is sufficient to enable a party to contest the failure to disclose. E. Failure to comply. If the department fails to comply with any of the provisions of this rule, the court may enter an order pursuant to Rule 10-137 NMRA and Rule 10-165 NMRA.