D.N.M.LR-Civ. 26.3

All provisions of FED. R. CIV. P. 26 are applicable to actions in

this District, unless specifically exempted by local rule.

(a) Exemptions from Initial Disclosures. The following are exempted:

(1) all disclosure in cases excluded from case management procedures by D.N.M.LR-Civ. 16.3; and

(2) disclosure of experts having knowledge of the case who are used for the sole

purpose of case preparation and not as witnesses.

(b) Exemption from Expert Report Disclosure. Unless otherwise ordered by the

Court, a party must provide the written reports required by Fed. R. Civ. P. 26(a)(2)(B)

only as to experts retained or specially employed by a party to provide expert

testimony. Such reports need not be provided as to hybrid fact/expert witnesses such

as treating physicians. The party must disclose the existence of any hybrid fact/expert

witness pursuant to Fed. R. Civ. P. 26(a)(2)(A) and disclose the subject matter on

which the expert witness is expected to present evidence under Fed. R. Evid. 702, 703,

or 705, as well as a summary of the facts and opinions to which the hybrid fact/expert

witness is expected to testify, pursuant to Fed. R. Civ. 26(a)(2)(C).

(c) Exemption When Joint Status Report Filed. When required disclosures have

previously been made in the Joint Status Report pursuant to D.N.M.LR-Civ. 16.1, the

required disclosures pursuant to FED. R. CIV. P. 26 may incorporate portions of the

Joint Status Report.

(d) Required Initial Disclosure. In all cases in which the physical or mental medical

condition of a party is an issue, the party whose condition is an issue must make a

good faith effort to produce the following information that the disclosing party may

use to support its claims or defenses, unless solely for impeachment:

(1) a list of the name, address and phone number of any healthcare provider, including

without limitation, any physicians, dentists, chiropractors, mental health

counselors, clinics and hospitals which have treated the party within the last five

(5) years preceding the date of the occurrence set forth in the pleadings and

continuing through the current date;

(2) all records of such healthcare providers which are already in that party's

possession, which will be made available for inspection and copying by all other

parties to the action;

(3) for each healthcare provider, a signed authorization to release medical records

form, as set forth in Appendix "A." Within fourteen (14) days after receiving

medical records by use of these authorization forms, a party must make the records

available for inspection and copying by all other parties to the action.

(e) Duties in Responding to Initial Disclosures. When information, records or a release

subject to this rule is withheld on a claim that it is privileged or subject to objection, or

that disclosure is prohibited by regulation or statute, the claim must be made expressly

in writing and must be supported by a description of the nature of the documents, or

things not produced that is sufficient to enable the demanding party to contest the

claim.