N.M. Jud. Standards Comm'n Rule 28

A. Commencement of Discovery. The parties may commence discovery

permitted by this rule only following filing of the judge’s response to a notice of formal

proceedings. If the judge fails to respond to a notice of formal proceedings, investigative trial

counsel may file a motion for leave to commence discovery.

B. Scope of Discovery. As otherwise permitted and not limited by these rules,

either party may obtain discovery of any matter not privileged that is relevant to the charges in a

notice of formal proceedings or the defense thereto, including the existence, description, nature,

custody, condition and location of any documents, electronically-stored information, or tangible

things, and the identity and location of persons having knowledge of any discoverable matter.

The information sought need not be admissible at a hearing on the merits if the information

sought appears reasonably calculated to lead to the discovery of admissible evidence.

C. Permissible Discovery. The following discovery is permitted:

(1) Depositions. The parties may each take one deposition. Additional

depositions requested by either party may only be taken following an order of the presiding

officer upon good cause shown. The party taking the deposition shall bear the cost of the

original record thereof. The other party may obtain a copy of the record at that party’s expense.

A party taking the deposition of an expert witness shall pay all reasonable expert witness fees

related thereto.

(2) Recorded Interviews. Either party may conduct recorded interviews, not

under oath, of witnesses named by either party. The parties shall make their witnesses available

and shall cooperate in scheduling recorded interviews. Both parties may ask the witnesses

questions. The recording party shall provide the other party with a copy of the recordings. A

party who has transcripts of recorded interviews prepared shall provide a copy of the transcripts

to the other party no later than the time required for completion of discovery.

(3) Requests for Production of Documents. Either party may request

documents, electronically-stored information, or the location of tangible things in the possession

or control of the other party and not disclosed in initial or supplemental disclosures. Responses

to requests for production of documents shall be made within thirty (30) days of service thereof.

(4) Entry onto Property. Either party may request entry onto property if

entry is likely to produce information relevant to the charges of a notice of formal proceedings

or to the defenses thereto.

(5) Expert Witnesses. A party disclosing that an expert witness may

testify at a hearing on the merits shall provide the other party with a curriculum vitae or other

evidence of the expert witness’ qualifications; a list of the expert witness’ publications for the

preceding ten (10) years; a history of depositions, trials, and other testimony of the expert

witness for the preceding ten (10) years; and a copy of the expert witness’ report, which shall

set forth the subject matter of the testimony, the basis for such testimony and the substance

thereof.

D. No Other Discovery Permitted. Except as permitted by this rule, or for

good cause shown, no other discovery shall be permitted.

E. Objections to Discovery. Objections to requests for discovery shall be made

in the responses to the discovery requests. A requesting party may file a motion to compel

discovery.