N.M. R. Child. Ct. 10-231

As amended through November 1, 2024

Rule 10-231 - Disclosure by the state

A.Information subject to disclosure. Unless a shorter period of time is ordered by the court, within ten (10) days after the date of filing of a petition alleging delinquency, subject to Paragraph E of this rule, the state shall disclose or make available to the respondent:

(1) any statement made by the respondent child, or a co-respondent, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the children's court attorney;

(2) the respondent child's prior record of delinquent acts and probation records, if any, as is then available to the state;

(3) any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody or control of the state, and which are material to the preparation of the defense or are intended for use by the state as evidence at the adjudicatory hearing, or were obtained from or belong to the respondent child;

(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, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known to the children's court attorney;

(5) a written list of the names and addresses of all witnesses which the children's court attorney intends to call at the adjudicatory hearing, together with any recorded or written statement, made by the witness and any record of prior convictions of any such witness which is within the knowledge of the children's court attorney; and

(6) any material evidence favorable to the respondent which the state is required to produce under the United States or New Mexico Constitutions.

B.Examining, photographing or copying evidence. The respondent child may examine, photograph or copy any material disclosed pursuant to Paragraph A of this rule.

C.Certificate. The children's court attorney 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 children's court attorney to 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 respondent.

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 to defense counsel.

E.Failure to comply. If the state 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.

N.M. R. Child. Ct. 10-231

As amended, effective 2/1/2002; Rule 10-213 NMRA, recompiled and amended as Rule 10-231 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Subparagraphs (1) and (2) of Paragraph A and Paragraph B, changed "respondent" to "respondent child"; in Subparagraph (6) of Paragraph A, changed "due process clause of the United States Constitution" to "United States or New Mexico Constitutions"; and in Paragraph E, changed the reference from Rule 10-113 NMRA to Rule 10-165 NMRA. The 2001 amendment, effective February 1, 2002, deleted "or need of supervision" following "petition alleging delinquency" near the middle of Paragraph A, deleted "or other children's court or" following "delinquent acts" near the beginning of Subparagraph A(2), deleted "buildings or places" following "tangible objects" near the beginning of Subparagraph A(3), inserted "recorded or written" preceding "statement" near the middle of Subparagraph A(5); deleted former Paragraph C, pertaining to "depositions"; redesignated Paragraphs D through F as Paragraphs C through E; and, in present Paragraph E, deleted "Rule 10-215 or hold the children's court attorney in contempt or take other disciplinary action" following "order pursuant to" and inserted "and Rule 10-137 NMRA" at the end. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, former Rule 10-213 NMRA was recompiled as Rule 10-231 NMRA, effective January 15, 2009. Compiler's notes. - Pursuant to Supreme Court Order No. 08-8300-042, former Rule 10-231 NMRA, relating to commitment information, was withdrawn, effective January 15, 2009.