N.M. R. Mun. Ct. P. 8-504

As amended through August 23, 2024

Rule 8-504 - Discovery

A.Disclosure by state. Not less than ten (10) days before trial, the prosecution shall disclose and make available for inspection, copying, and photographing any records, papers, documents, or recorded 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. Not less than ten (10) days before trial, the defendant shall disclose and make available to the prosecution for inspection, copying, and photographing any records, papers, documents, 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. Not less than ten (10) days before trial, the prosecution and defendant shall exchange a list of the names and addresses of the witnesses each intends to call at the 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 8-602 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 under 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 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.

N.M. R. Mun. Ct. P. 8-504

As amended, effective 1/1/1995; 9/15/1997; as amended by Supreme Court Order No. 07-8300-026, effective 11/1/2007; as amended by Supreme Court Order No. 15-8300-006, effective for all cases pending or filed on or after 12/31/2015.

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 pending or filed on or after December 31, 2015.]

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-006, effective December 31, 2015, authorized either party to request a subpoena to secure witness interviews when requests for witness interviews have been unsuccessful, and made stylistic changes; throughout the rule, deleted "which" and added "that"; in Paragraph D, added the last sentence; and in the introductory sentence of Paragraph F, after "issued", deleted "pursuant to" and added "under". The 2007 amendment, approved by Supreme Court Order No. 07-8300-026, 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, substituted "disclose" for "produce", inserted "and photographing" and "recorded statements made by witnesses" and made a stylistic change in Paragraph A, inserted "and photographing" and made a stylistic change in 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 1995 amendment, effective January 1, 1995, rewrote the rule which formerly read: "At any time during the pendency of the action, upon request of the defendant, the municipal judge may order the prosecution to produce for inspection and copying any records, papers, documents or other tangible evidence in its possession and which are material to the preparation of the defense or are intended for use by the municipality at trial or were obtained from or belong to the defendant. No other discovery proceedings shall be permitted."

For form on order for production, see Rule 9-410 NMRA. For form motion to compel discovery, see Criminal Form 9-409A NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 23 Am. Jur. 2d Depositions and Discovery §§ 400 to 467. Mode of establishing that information obtained by illegal wiretapping has or has not led to evidence introduced by prosecution, 28 A.L.R.2d 1055. Fingerprints, palm prints or bare footprints as evidence, 28 A.L.R.2d 1115, 45 A.L.R.4th 1178. Court's power to determine, upon government's claim or privilege, whether official information contains state secrets or other matters disclosure of which is against public interest, 32 A.L.R.2d 391. Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 A.L.R.2d 12. Taxation of costs and expenses in proceedings for discovery or inspection, 76 A.L.R.2d 953. Right of accused in state courts to inspection or disclosure of evidence in possession of prosecution, 7 A.L.R.3d 8. Right of defendant in criminal case to inspection of statement of prosecution's witness for purposes of cross-examination or impeachment, 7 A.L.R.3d 181. Right of defense in criminal prosecution to disclosure of prosecution information regarding prospective jurors, 86 A.L.R.3d 571. 22A C.J.S. Criminal Law §§ 495 to 500.