Rule 10-332 - Disclosure of evidence and witnesses by the respondentA.Information subject to disclosure. Unless a shorter period of time is ordered by the court, not less than fifteen (15) days prior to any adjudicatory hearing or termination of parental rights hearing, the respondent shall disclose and make available to the parties: (1) any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are in the possession, custody or control of the respondent, and which the respondent intends to introduce in evidence at the adjudicatory hearing or termination of parental rights hearing or which were prepared by a witness whom the respondent intends to call at the adjudicatory hearing or termination of parental rights hearing;(2) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, in the possession or control of the respondent, which the respondent intends to introduce in evidence at the adjudicatory hearing or termination of parental rights hearing or which were prepared by a witness whom the respondent intends to call at the adjudicatory hearing or termination of parental rights hearing; and(3) a list of the names and addresses of the witnesses the respondent intends to call at the adjudicatory hearing or termination of parental rights hearing, together with any recorded or written statement made by any identified witness. B.Examining, photographing or copying evidence. The parties may examine, photograph or copy any material disclosed pursuant to Paragraph A of this rule.C.Information not subject to disclosure. Except as to scientific or medical reports, this rule does not authorize the discovery or inspection of: (1) reports, memoranda or other internal defense documents made by the respondent, or the respondent's attorneys in connection with the investigation or defense of the case; or(2) statements made by the respondent to the respondent's agents or attorneys.D.Certificate. The respondent shall file with the clerk of the court at least ten (10) days prior to the adjudicatory hearing or termination of parental rights hearing a certificate stating that all information required to be produced pursuant to Paragraph A of this rule has been produced, except as specified. The certificate shall contain an acknowledgment of the continuing duty to disclose additional information. If information specifically excepted from the certificate is furnished by the respondent after the filing of the certificate, a supplemental certificate shall be filed with the court setting forth the material furnished. A copy of the certificate and any supplemental certificate shall be served on the parties.E.Failure to comply. If the respondent fails to comply with any of the provisions of this rule, the court may enter an order pursuant to Rule 10-137 NMRA or Rule 10-165 NMRA. [Approved, effective July 1, 2002; Rule 10-309 NMRA, recompiled and amended as Rule 10-332 NMRA by Supreme Court Order No. 08-8300-42, effective January 15, 2009.]
N.M. R. Child. Ct. 10-332
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted "abuse, neglect and termination of parental rights proceedings" in the title; in Paragraphs A, B and D, changed "department and the guardian ad litem" to "parties"; and in Paragraph E, changed the reference from Rule 10-113 NMRA to Rule 10-165 NMRA. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-309 NMRA was recompiled as Rule 10-332 NMRA, effective January 15, 2009.