Rule 10-333 - Disclosure of evidence and witnesses by the child's guardian ad litem or attorneyA.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 child's guardian ad litem or attorney shall disclose and make available to the parties: (1) a statement of the child's declared position appertaining to the adjudication, disposition or termination of parental rights;(2) a statement of the guardian ad litem's position appertaining to the adjudication, disposition or termination of parental rights;(3) any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are in the possession, custody or control of the child's guardian ad litem or attorney, and which the child's guardian ad litem or attorney intends to introduce in evidence at the adjudicatory hearing or termination of parental rights hearing or which were prepared by a witness whom the child's guardian ad litem or attorney intends to call at the adjudicatory hearing or termination of parental rights hearing;(4) 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 child's guardian ad litem or attorney, which the child's guardian ad litem or attorney intends to introduce in evidence at the adjudicatory hearing or termination of parental rights hearing or which were prepared by a witness whom the child's guardian ad litem or attorney intends to call at the adjudicatory hearing or termination of parental rights hearing; and(5) a list of the names and addresses of the witnesses the child's guardian ad litem or attorney 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 child's guardian ad litem or attorney in connection with the investigation or defense of the case; (2) statements made by the child to the child's guardian ad litem unless such statements contradict prior statements made by the child in connection with any allegation of abuse or neglect; or(3) statements made by the child to the child's attorney.D.Certificate. The child's guardian ad litem or attorney 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 child's guardian ad litem or attorney 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 child's guardian ad litem or attorney fails to comply with any of the provisions of this rule, the court may enter any order pursuant to Rule 10-137 NMRA or Rule 10-165 NMRA. [Approved, effective March 1, 2003; Rule 10-310 NMRA, recompiled and amended as Rule 10-333 NMRA by Supreme Court Order No. 08-8300-042,effective January 15, 2009]
N.M. R. Child. Ct. 10-333
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, changed "guardian ad litem; abuse, neglect and termination of parental rights proceedings" to "child's guardian ad litem or attorney" in the title; in Paragraphs A, C, D and E, changed "guardian ad litem" to "child's guardian ad litem or attorney"; in Paragraphs A, B and D, changed "department and the respondent" to "parties"; added Subparagraph (3) of Paragraph C; added the paragraph designation for Paragraph E and the title; 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 10-310 NMRA was recompiled as Rule 10-333 NMRA, effective January 15, 2009.