Rule 17 - Initial disclosuresA.Disclosures made.(1)Investigative trial counsel's disclosures. Except as set forth below, investigative trial counsel shall serve the judge with initial disclosures as follows: (a)Invitation to conference with the commission. If, after a judge's response to a notice of investigation is received, and the Commission does not dismiss the complaint or order additional investigation, then it shall invite the judge to a conference with the Commission as set forth in Rule 19, and initial disclosures shall be served upon the judge with the invitation.(b)Notice of formal proceedings in lieu of notice of investigation. If the Commission, in lieu of a notice of investigation, issues a notice of formal proceedings, initial disclosures shall be served with the notice of formal proceedings.(c)Petition for immediate temporary suspension. If the Commission, along with a notice of investigation or a notice of formal proceedings, also authorizes a petition to the Supreme Court for an order of immediate temporary suspension, initial disclosures shall be served upon the judge along with the petition.(d)No disclosures. If, following the judge's response to a notice of investigation, the Commission dismisses the complaint, no disclosures are required.(2)Judge's disclosures.(a) If investigative trial counsel's initial disclosures were served with an invitation to a conference with the Commission, then the judge's initial disclosures shall be due within ten (10) days of such service.(b) If investigative trial counsel's initial disclosures were served with a notice of formal proceedings, then the judge's initial disclosures shall be due with the judge's response to the notice of formal proceedings.(c) If investigative trial counsel's initial disclosures were served with a petition for immediate temporary suspension, then the judge's initial disclosures shall be due within twenty-one (21) days of such service.(d) Upon motion and good cause shown, the time for the judge's initial disclosures may be extended. B.Required disclosures. The parties shall each provide to the other initial disclosures containing:(1) The name, address, telephone number, and other information sufficient to identify and contact each witness likely to have information relevant to the allegations contained in a notice of investigation or charges in a notice of formal proceedings and the defenses thereto along with the subject matter of that information.(2) All documents, electronically-stored information, and tangible things relevant to the allegations in the notice of investigation or charges in a notice of formal proceedings and the defenses thereto. Copies of all documents and electronically-stored information in the possession or control of the disclosing party shall be provided to the other party. The location of all documents and electronically-stored information and the location of tangible things not in the possession and control of the disclosing party shall be disclosed to the other party.C.Continuing obligation. The parties shall have a continuing obligation to promptly supplement initial disclosures as additional information required by Paragraph A of this rule becomes known.D.Privileges and limitations. Except as otherwise set forth in Rule 23, below, the privileges set forth in Rule 11-501, et seq. NMRA and the limitations set forth in Rule 1-026 NMRA shall apply to these initial disclosures. Communications between investigative trial counsel and the Commission are excluded from production under this rule.E.Third party complainant, third party complaint exempt. A third party complainant or third party complaint shall not be disclosed and produced by investigative trial counsel as required by Paragraphs A and B, above; provided, however, that promptly after the investigative trial counsel determines that a third party complainant may be called as a witness at a hearing on the merits, disclosures and production shall be made.F.Delayed disclosures. Investigative trial counsel may apply to a presiding officer for an order delaying disclosure of certain information required by Section A, above. The presiding officer shall issue an order delaying disclosure of certain information upon a particularized showing of good cause that disclosure at the time required by Rule 17 would likely impede or imperil the ongoing investigation of the allegations in a notice of investigation or charges in a notice of formal proceedings. The order shall specify a time for subsequent disclosure or a time for review of the continuing appropriateness of the order. G.Notice of withheld disclosures.(1) If investigative trial counsel's initial disclosures withhold the identity of the third party complainant and production of the third party complaint, the initial disclosures shall so state.(2) If investigative trial counsel's initial disclosures withhold other information pursuant to an order of a presiding officer as set forth in Paragraph F, above, the initial disclosures shall so state and shall instead contain a short and plain statement of the evidence expected to be adduced from withheld information sufficient to give the judge notice of what is alleged, but also shielding the protected information.H.Motion for disclosures. If either investigative trial counsel or the judge believes that additional disclosures should be made pursuant to this rule, then a motion shall be filed requesting such disclosures.N.M. Jud. Stand. Comm. R. 17
Approved, effective May 1, 2010; as amended, effective February 10, 2020.