Rule 10-332 NMRA
Rule 10-332. Disclosure of evidence and witnesses by the respondent.
A. Information subject to disclosure. Unless a shorter period of time is ordered
by the court, not less than fifteen (15) days prior to any adjudicatory hearing or
termination of parental rights hearing, the respondent shall disclose and make available
to the parties:
(1)
any books, papers, documents, photographs, tangible objects, or copies
or portions thereof, which are in the possession, custody or control of the respondent,
and which the respondent intends to introduce in evidence at the adjudicatory hearing
or termination of parental rights hearing or which were prepared by a witness whom the
respondent intends to call at the adjudicatory hearing or termination of parental rights
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, in
the possession or control of the respondent, which the respondent intends to introduce
in evidence at the adjudicatory hearing or termination of parental rights hearing or which
were prepared by a witness whom the respondent intends to call at the adjudicatory
hearing or termination of parental rights hearing; and
(3)
a list of the names and addresses of the witnesses the respondent intends
to call at the adjudicatory hearing or termination of parental rights hearing, together with
any recorded or written statement made by any identified 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. 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, or the respondent's attorneys in connection with the investigation or
defense of the case; or
(2)
statements made by the respondent to the respondent'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 or termination of parental rights 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 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.
E. Failure to comply. If the respondent fails to comply with any of the provisions of
this rule, the court may enter an order pursuant to Rule 10-137 NMRA or Rule 10-165
NMRA.