A.Commencement of discovery. The parties may commence discovery permitted by this rule only following filing of the judge's response to a notice of formal proceedings. If the judge fails to respond to a notice of formal proceedings, investigative trial counsel may file a motion for leave to commence discovery.B.Scope of discovery. As otherwise permitted and not limited by these rules, either party may obtain discovery of any matter not privileged that is relevant to the charges in a notice of formal proceedings or the defense thereto, including the existence, description, nature, custody, condition and location of any documents, electronically-stored information, or tangible things, and the identity and location of persons having knowledge of any discoverable matter. The information sought need not be admissible at a hearing on the merits if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.C.Permissible discovery. The following discovery is permitted: (1)Depositions. The parties may each take one deposition. Additional depositions requested by either party may only be taken following an order of the presiding officer upon good cause shown. The party taking the deposition shall bear the cost of the original record thereof. The other party may obtain a copy of the record at that party's expense. A party taking the deposition of an expert witness shall pay all reasonable expert witness fees related thereto.(2)Recorded interviews. Either party may conduct recorded interviews, not under oath, of witnesses named by either party. The parties shall make their witnesses available and shall cooperate in scheduling recorded interviews. Both parties may ask the witnesses questions. The recording party shall provide the other party with a copy of the recordings. A party who has transcripts of recorded interviews prepared shall provide a copy of the transcripts to the other party no later than the time required for completion of discovery.(3)Requests for production of documents. Either party may request documents, electronically-stored information, or the location of tangible things in the possession or control of the other party and not disclosed in initial or supplemental disclosures. Responses to requests for production of documents shall be made within thirty (30) days of service thereof.(4)Entry onto property. Either party may request entry onto property if entry is likely to produce information relevant to the charges of a notice of formal proceedings or to the defenses thereto.(5)Expert witnesses. A party disclosing that an expert witness may testify at a hearing on the merits shall provide the other party with a curriculum vitae or other evidence of the expert witness' qualifications; a list of the expert witness' publications for the preceding ten (10) years; a history of depositions, trials, and other testimony of the expert witness for the preceding ten (10) years; and a copy of the expert witness' report, which shall set forth the subject matter of the testimony, the basis for such testimony and the substance thereof.D.No other discovery permitted. Except as permitted by this rule, or for good cause shown, no other discovery shall be permitted.E.Objections to discovery. Objections to requests for discovery shall be made in the responses to the discovery requests. A requesting party may file a motion to compel discovery.N.M. Jud. Stand. Comm. R. 28
Approved, effective December 6, 1968; as amended, effective August 31, 1984; September 29, 1989; as amended, effective May 1, 2010; as amended, effective March 1, 2019.