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

Disclosure by defendant; notice of alibi; entrapment defense; failure to

comply.

(1) Initial disclosures; deadline; witness contact information. Not less than

five (5) days before the scheduled date of the status hearing described in Paragraph G, the

defendant shall disclose or make available to the state all information described in Rule

5-502(A)(1)-(3) NMRA. At the same time, the defendant shall provide addresses, and also

phone numbers and email addresses if available, for its witnesses that are current as of the date of

disclosure.

(2) Deadline for notice of alibi and entrapment defense. Notwithstanding

Rule 5-508 NMRA or any other rule, not less than ninety (90) days before the date scheduled for

commencement of trial as provided in Paragraph G, the defendant shall serve upon the state a

notice in writing of the defendant’s intention to offer evidence of an alibi or entrapment as a

defense.

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

additional information to the state within five (5) days of receipt of such information.

(4) Providing copies required; electronic or paper. Notwithstanding Rule

5-502(B) NMRA or any other rule, the defendant shall provide to the state electronic or printed

copies of electronic or printed information subject to disclosure by the defendant. 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 Second Judicial District Attorney’s

Office, the defendant shall copy such delivery to any attorney for the Second Judicial District

Attorney’s Office who has entered an appearance in the case at the time discovery is sent

electronically.

(5) 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.