A.Disclosure by prosecution. Unless a different period of time is ordered by the trial court, within forty-five (45) days after arraignment or the date of filing of a waiver of arraignment, the prosecution shall disclose and make available to the defendant for inspection, copying, and photographing any records, papers, documents, and statements made by witnesses or other tangible evidence in its possession, custody, and control that are material to the preparation of the defense or are intended for use by the prosecution at the trial or were obtained from or belong to the defendant.B.Disclosure by defendant. Unless a different period of time is ordered by the trial court, within sixty (60) days after arraignment or the date of filing of a waiver of arraignment, the defendant shall disclose and make available to the prosecution for inspection, copying, and photographing any records, papers, documents, and statements made by witnesses or other tangible evidence in the defendant's possession, custody, or control that the defendant intends to introduce in evidence at the trial.C.Witness disclosure. Unless a different period of time is ordered by the trial court, within forty-five (45) days after arraignment or the date of the filing of a waiver of arraignment, the prosecution shall provide to the defendant a list of the names and addresses of the witnesses that the prosecution intends to call for trial. Unless a different period of time is ordered by the trial court, within sixty (60) days after arraignment or the date of the filing of a waiver of arraignment, the defendant shall provide to the prosecution a list of the names and addresses of the witnesses that the defendant intends to call for trial.D.Witness interviews. Upon request of a party, any witness named on the witness list of the opposing party, other than the defendant, shall be made available for interview prior to trial. Either party may request a subpoena under Rule 6-606 NMRA if good faith efforts to secure the interview have been unsuccessful.E.Continuing duty to disclose. If a party discovers additional material or witnesses that the party previously would have been under a duty to disclose and make available at the time of such previous compliance if it were then known to the party, the party shall promptly give notice to the other party of the existence of the additional material or witnesses.F.Failure to comply. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may:(1) order the party to provide the discovery or inspection of materials not previously disclosed;(2) grant a continuance to allow for completion of discovery;(3) order the party to complete the interview or inspect the materials at the trial setting; or(4) prohibit the party from calling a witness not disclosed or from introducing in evidence the material not disclosed; or(5) enter such other order as it deems appropriate under the circumstances, including but not limited to holding an attorney or party in contempt of court.G.Statement defined. As used in this rule, "statement" means: (1) a written statement made by a person and signed or otherwise adopted or approved by such person;(2) any mechanical, electrical, or other recording, or a transcription thereof, that is a recital of an oral statement; and(3) stenographic or written statements or notes that are in substance recitals of an oral statement.H.Applicability. This rule applies only to cases within magistrate court trial jurisdiction.N.M. R. Crim. P. Magist. Ct. 6-504
As amended, effective 1/1/1995;10/1/1996;9/15/1997; as amended by Supreme Court Order No. 07-8300-025, effective 11/1/2007; as amended by Supreme Court Order No. 15-8300-006, effective for all cases filed on or after12/31/2015.Committee commentary. - Under Paragraphs A and B, the prosecution and defense are only required to disclose and permit inspection, copying, or photographing of records, papers, documents and recorded statements of witnesses at the place where the records or statements are located. The expense of copying or photographing is to be paid by the party requesting a copy or photograph.
[As amended by Supreme Court Order No. 15-8300-006, effective for all cases filed on or after December 31, 2015.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-006, effective December 31, 2015, changed the time limits for the prosecution and the defendant to provide discovery; changed the time limits for the parties to provide witness lists, provided that the parties may request a subpoena to secure witness interviews, made stylistic changes and revised the committee commentary; in Paragraph A, in the heading, deleted "state" and added "prosecution", after the heading, deleted "Not less than ten (10) days before trial" and added "Unless a different period of time is ordered by the trial court, within forty-five (45) days after arraignment or the date of filing of a waiver of arraignment", after "make available", added "to the defendant", after "documents, and", deleted "recorded", and after "control", deleted "which" and added "that"; in Paragraph B, after the heading, deleted "Not less than ten (10) days before trial" and added "Unless a different period of time is ordered by the trial court, within sixty (60) days after arraignment or the date of filing of a waiver of arraignment", after "photographing", deleted "and", after "documents", added "and statements made by witnesses", after "control", deleted "which" and added "that"; in Paragraph C, after the heading, deleted "Not less than ten (10) days before trial the prosecution and defendant shall exchange a list of the names and address of the witnesses each intends to call at the trial." and added the remainder of the paragraph; in Paragraph D, added the second sentence of the paragraph; in Paragraph E, after "witnesses", deleted "which" and added "that"; in Subparagraph (2) of Paragraph G, after "thereof", deleted "which" and added "that"; and in Subparagraph (3) of Paragraph G, after "notes", deleted "which" and added "that". The 2007 amendment, approved by Supreme Court Order No. 07-8300-025, effective November 1, 2007, made the second sentence of Paragraph C relating to witness interviews a new Paragraph D; relettered Paragraphs D through G as Paragraphs E through H; and revised Paragraph F to permit witness interviews and document production at the trial setting. The 1997 amendment, effective September 15, 1997, added "Not less that ten (10) days before trial" at the beginning of Paragraphs A and B; in Paragraph A, inserted "and photographing" and "recorded statements made by witnesses" and substituted "prosecution" for "state" and made a stylistic change; rewrote Paragraph B; deleted "together with any recorded statement made by the witness" from the end of the first sentence in Paragraph C; and substituted "disclose and make available" for "produce or disclose" in Paragraph D. The 1996 amendment, effective October 1, 1996, added "cases within magistrate court trial jurisdiction" to the rule heading and added Paragraph G. The 1995 amendment, effective January 1, 1995, designated the existing language as Paragraph A and rewrote that paragraph, and added Paragraphs B, C, D, E, and F.
For form on order for production, see Rule 9-410 NMRA. For form motion to compel discovery, see Criminal Form 9-409A NMRA.