Rule 10-137 - Continuing duty to disclose; failure to complyA.Duty to disclose. If, subsequent to compliance with Rule 10-231, 10-232, 10-331, 10-332, 10-333 or 10-334 NMRA and prior to or during the adjudicatory hearing or termination of parental rights hearing, a party discovers additional material or witnesses which the party would have been under a duty to produce or disclose at the time of such previous compliance if it were then known to the party, the party shall promptly give written notice to the other party of the existence of the additional material or witnesses.B.Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from calling a witness not disclosed, or from introducing in evidence the material not disclosed, or it may enter such other order as it deems appropriate under the circumstances, including, but not limited to, holding an attorney in contempt of court pursuant to Rule 10-165 NMRA of these rules. N.M. R. Child. Ct. 10-137
10-215 NMRA; as amended and recompiled, effective 2/1/2002; as amended by Supreme Court Order No. 08-8300-42, effective 1/15/2009; by Supreme Court Order No. 10-8300-041, effective 1/31/2011. ANNOTATIONS The 2010 amendment, approved by Supreme Court Order No. 10-8300-041, effective January 31, 2011, in Paragraph A, after "Rule", deleted "10-221, 10-222" and added "10-231, 10-232". The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph A, changed "Rule 10-213, 10-214, 10-308, 10-309 or 10-350" to "10-221, 10-222, 10-331, 10-332, 10-333 or 10-334" and in Paragraph B, changed the reference from Rule 10-113 NMRA to Rule 10-165 NMRA.