If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to RuleNMRA.
Any motion filed pursuant to this paragraph shall state that counsel has made a good faith effort to resolve the issue with opposing counsel prior to filing a motion to compel discovery.
If the motion is denied, the court may, after opportunity for hearing, require the moving party or the attorney advising the moving party or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
N.M. R. Crim. P. Dist. Ct. 5-503.2
ANNOTATIONS Exclusion of testimony for refusal to comply with discovery order. - Where police officers used a confidential informant to purchase methamphetamine; the confidential informant was the only eye witness to the alleged crime; the state's case rested on the veracity of the confidential informant; the defendant requested disclosure of information about the confidential informant's prior work as a confidential informant; the trial court held an in camera hearing to review the documents the defendant sought to discover; the trial court ordered defense counsel not to disclose the information to any other person; and the state refused to comply with the discovery order, the trial court did not abuse its discretion in excluding the confidential informant's evidence from trial. State v. Layne, 2008-NMCA-103, 144 N.M. 574, 189 P.3d 707.