N.M. 2nd Jud. Dist. Adopted Rule For Special Calendar D

Discovery; disclosure by both parties immediately; requirement to

provide contact information; continuing duty to disclose; failure to comply. The parties shall disclose or make available all discovery described in Rule 5-501(A)(1)-(6)

NMRA within ten (10) days of the effective date of this rule if not previously disclosed.

In addition to the disclosures required in Rule 5-501(A) NMRA, the parties shall also

provide phone numbers and e-mail addresses of all witnesses if available, copies of doc-

umentary evidence and audio, video, and audio-video recordings made by law enforcement officers or others, and, where necessary, a “speed letter” authorizing the defendant

to examine physical evidence in the possession of the State.

(1) Motion to withhold contact information for safety reasons. A party

may seek relief from the court by motion, for good cause shown, to withhold specific

contact information if necessary to protect a victim or a witness. If the address of a witness is not disclosed pursuant to court order, the party seeking the order shall arrange for

a witness interview or accept at its business offices a subpoena for purposes of deposition

under Rule 5-503 NMRA.

(2) Continuing Duty to Disclose. The parties shall have a continuing

duty to disclose additional information within five (5) days of receipt of such information.

(3) Evidence in the Possession of the State. Evidence in the possession

of a law enforcement agency or other government agency is deemed to be in possession

of the State for purposes of this rule.

(4) Sanctions. If either party fails to comply with any of the provisions

of this section, the court shall impose sanctions, which may include dismissal of the case

with or without prejudice, prohibiting the party from calling a witness or introducing evidence, monetary sanctions against either the attorney or the attorney’s agency, or any

other sanction deemed appropriate by the court.