A.Notice. Upon the written request of the children's court attorney, specifying as particularly as is known to the children's court attorney, the place, date and time of the commission of the delinquent act charged, a respondent child who intends to offer evidence of an alibi or entrapment as a defense shall, not less than ten (10) days before the adjudicatory hearing or such other time as the children's court may direct, serve upon such children's court attorney a notice in writing of the respondent child's intention to introduce evidence of an alibi or evidence of entrapment.B.Content of notice. A notice of alibi or entrapment shall contain specific information as to the place at which the respondent child claims to have been at the time of the alleged offense and, as particularly as known to the respondent child or the respondent child's attorney, the names and addresses of the witnesses by whom the respondent child proposes to establish such alibi or raise an issue of entrapment. Not less than five (5) days after receipt of the respondent child's alibi witness list or at such other time as the children's court may direct, the children's court attorney shall serve upon the respondent child the names and addresses, as particularly as known to the children's court attorney, of the witnesses the state proposes to offer in rebuttal to discredit the respondent child's alibi or claim of entrapment at the adjudicatory hearing.C.Continuing duty to give notice. Both the respondent child and the children's court attorney shall be under a continuing duty to promptly disclose the names and addresses of additional witnesses which come to the attention of either party subsequent to filing their respective witness lists as provided in this rule.D.Failure to give notice. If a respondent child fails to serve a copy of such notice as herein required, the children's court may exclude evidence offered by the respondent child for the purpose of proving an alibi, except the testimony of the respondent child. If such notice is given by a respondent child, the children's court may exclude the testimony of any witness offered by the respondent child for the purpose of proving an alibi or entrapment if the name and address of such witness was known to respondent child or the respondent child's attorney but was not stated in such notice. If the children's court attorney fails to file a list of witnesses and serve a copy on the respondent child as provided in this rule, the children's court may exclude evidence offered by the state to contradict the respondent child's alibi or entrapment evidence. If notice is given by the children's court attorney, the children's court may exclude the testimony of any witnesses offered by the children's court attorney for the purpose of contradicting the defense of alibi or entrapment if the name and address of such witness is known to the children's court attorney but was not stated in such notice. For good cause shown the children's court may waive the requirements of this rule. E.Notice inadmissible. The fact that a notice of alibi was given or anything contained in such notice shall not be admissible as evidence in the adjudicatory hearing. N.M. R. Child. Ct. 10-233
As amended, effective 2/1/2002; Rule 10-219 NMRA, recompiled and amended as Rule 10-233 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.Committee commentary. - See Rule 5-508 NMRA of the Rules of Criminal Procedure for the District Courts.
[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in the title, changed "delinquency proceedings" to "entrapment defense"; in Paragraphs A, D, C and D, changed "respondent" to "respondent child"; in Paragraph A, deleted "In delinquency proceeding", changed "offer evidence of an alibi in the respondent's defense" to "offer evidence of an alibi or entrapment as a defense", and changed "intention to claim such alibi" to "intention to introduce evidence of an alibi or evidence of entrapment"; added the letter and title for Paragraph B; in Paragraph B, changed "Such notice shall contain" to "A notice of alibi or entrapment shall contain", changed "to establish such alibi" to "to establish such alibi or raise an issue of entrapment", and changed "alibi at the adjudicatory hearing" to "alibi or claim of entrapment at the adjudicatory hearing"; relettered Paragraph B, C and D as Paragraph C, D and E; and in Paragraph D, changed "serve a copy of notice of alibi" to "serve a copy of such notice as herein required" and changed "alibi" to "alibi or entrapment". The 2001 amendment, effective February 1, 2002, inserted "delinquency proceedings" in the rule heading; substituted "the respondent's alibi" for "respondent's" in the third sentence in Paragraph A; and substituted "the notice of alibi" for "such notice as herein required" near the beginning of Paragraph C. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-219 NMRA was recompiled as Rule 10-233 NMRA, effective January 15, 2009.