Rule 10-333 NMRA
Rule 10-333. Disclosure of evidence and witnesses by the child's guardian ad litem or attorney.
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 child’s guardian ad litem or attorney shall
disclose and make available to the parties:
(1)
a statement of the child's declared position appertaining to the
adjudication, disposition or termination of parental rights;
(2)
a statement of the guardian ad litem's position appertaining to the
adjudication, disposition or termination of parental rights;
(3)
any books, papers, documents, photographs, tangible objects, or copies
or portions thereof, which are in the possession, custody or control of the child’s
guardian ad litem or attorney, and which the child’s guardian ad litem or attorney
intends to introduce in evidence at the adjudicatory hearing or termination of parental
rights hearing or which were prepared by a witness whom the child’s guardian ad litem
or attorney intends to call at the adjudicatory hearing or termination of parental rights
hearing;
(4)
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 child’s guardian ad litem or attorney, which the child’s
guardian ad litem or attorney intends to introduce in evidence at the adjudicatory
hearing or termination of parental rights hearing or which were prepared by a witness
whom the child’s guardian ad litem or attorney intends to call at the adjudicatory hearing
or termination of parental rights hearing; and
(5)
a list of the names and addresses of the witnesses the child’s guardian ad
litem or attorney 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
child’s guardian ad litem or attorney in connection with the investigation or defense of
the case;
(2)
statements made by the child to the child’s guardian ad litem unless such
statements contradict prior statements made by the child in connection with any
allegation of abuse or neglect; or
(3)
statements made by the child to the child’s attorney.
D. Certificate. The child’s guardian ad litem or attorney 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
child’s guardian ad litem or attorney 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 child’s guardian ad litem or attorney fails to comply with
any of the provisions of this rule, the court may enter any order pursuant to Rule 10-137
NMRA or Rule 10-165 NMRA.