N.M. 2nd Jud. Dist. Amended LR2-400 – Effective February 2, 2016 D

Discovery; disclosure by the state; requirement to provide contact

information; continuing duty; failure to comply.

(1) Initial disclosures; deadline. The state shall disclose or make available to

the defendant all information described in Rule 5-501(A)(1)-(6) NMRA at the arraignment or

within five (5) days of when a written waiver of arraignment is filed under Rule 5-303(J) NMRA.

In addition to the disclosures required in Rule 5-501(A) NMRA, at the same time the state shall

provide addresses, and also phone numbers and email addresses if available, for its witnesses that

are current as of the date of disclosure, copies of documentary evidence, and audio, video, and

audio-video recordings made by law enforcement officers or otherwise in possession of the state,

and a “speed letter” authorizing the defendant to examine physical evidence in the possession of

the state.

(2) 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.

(3) Continuing duty. The state shall have a continuing duty to disclose

additional information to the defendant within five (5) days of receipt of such information,

including current contact information for witnesses.

(4) Evidence deemed in the possession of the state. Evidence is deemed to be

in possession of the state for purposes of this rule if such evidence is in the possession or control

of any person or entity who has participated in the investigation or evaluation of the case.

(5) Providing copies; electronic or paper; e-mail addresses for district

attorney and public defender required. Notwithstanding Rule 5-501(B) NMRA or any other

rule, the state shall provide to the defendant electronic or printed copies of electronic or printed

information subject to disclosure by the state. The Second Judicial District Attorney’s Office and

the Law Offices of the Public Defender shall provide to each other a single e-mail address for

delivery of discovery electronically. In addition to delivering discovery to the given general

address for the Law Offices of the Public Defender, the state shall copy such delivery to any

attorney for the Law Offices of the Public Defender who has entered an appearance in the case at

the time discovery is sent electronically.

(6) Service of subsequent pleadings. Service of pleadings and papers between

the parties shall be made to the attorney, or to the party if not represented by counsel, by emailing

an electronic scan of the file-endorsed pleading or paper, attachments included, to the attorney or

party. If the attachments are too voluminous for emailing, or otherwise cannot be sent by email,

the email to the attorney or party will recite this circumstance and certify that the attachments

have been mailed or delivered to the attorney’s or party’s last known address. Service by email is

complete upon transmission and, in case of attachments that cannot be emailed, upon mailing or

delivery.