§ RULE 2-501. DISCOVERY

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 5 > RULE 2-501.

RULE 2-501. DISCOVERY

A. Disclosure by Plaintiff. Unless otherwise ordered by the court, not less than twenty (20) days before trial, the plaintiff or the plaintiff's attorney shall disclose and make available for inspection, copying and photographing any records, papers, documents or other tangible objects in the plaintiff's possession, custody and control which the plaintiff intends to introduce in evidence at the trial. The plaintiff shall also disclose to the defendant an itemized list of the damages that the plaintiff claims.

B. Disclosure by Defendant. Unless otherwise ordered by the court, not less than fifteen (15) days before trial, the defendant shall disclose and make available to the plaintiff for inspection, copying and photographing any records, papers, documents or other tangible objects in the defendant's possession, custody or control which the defendant intends to introduce in evidence at the trial.

C. Witness Disclosure. Unless otherwise ordered by the court, not less than twenty (20) days before trial, the plaintiff shall disclose to the defendant or the defendant's counsel a list of the names, addresses and telephone numbers of the witnesses that the plaintiff intends to call at the trial, along with a summary of their testimony. Not less than fifteen (15) days before trial, the defendant shall disclose to the plaintiff or the plaintiff's counsel a list of the names, addresses and telephone numbers of the witnesses that the defendant intends to call at the trial, along with a summary of their testimony.

D. Continuing Duty to Disclose. If a party discovers additional material or witnesses which the party previously would have been under a duty to disclose and make available at the time of such previous compliance if it were then known to the party, the party shall promptly give notice to the other party of the existence of the additional material or witnesses.

E. Failure to Comply. If it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, prohibit the party from calling a witness not disclosed, prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems appropriate under the circumstances, including but not limited to holding an attorney or party in contempt of court.

F. Production of Documents. At any time during the pendency of the action, for good cause shown, the judge may order either party to produce for inspection and copying any records, papers, documents or other tangible evidence in the possession of that party or available to that party.

G. Further Discovery. The court may, for good cause shown, order further discovery as permitted by the Rules of Civil Procedure for the District Courts.