N.M. R. Child. Ct. 10-138

As amended through November 1, 2024

Rule 10-138 - Depositions; statements; protective orders

A.Motion. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition or statement, the court in the district where the deposition or statement is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, undue burden or expense, the risk of physical harm, intimidation, bribery or economic reprisals. The order may include one or more of the following restrictions:

(1) that the deposition or statement requested not be taken;

(2) that the deposition or statement requested be deferred;

(3) that the deposition or statement may be had only on specified terms and conditions, including a designation of the time or place;

(4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

(5) that the deposition or statement be conducted with no one present except persons designated by the court;

(6) that a deposition or statement after being sealed be opened only by order of the court;

(7) that a trade secret or other confidential research, development or commercial information not be disclosed or be disclosed only in a designated way; and

(8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.

B.Written showing of good cause. Upon motion, the court may permit the showing of good cause required under Paragraph A of this rule to be in the form of a written statement for inspection by the court in camera, if the court concludes from the statement that there is a substantial need for the in camera showing. If the court does not permit the in camera showing, the written statement shall be returned to the movant upon request. If no such request is made, or if the court enters an order granting the relief sought, the entire text of the statement shall be sealed and preserved in the records of the court to be made available to the appellate court having jurisdiction in the event of an appeal.

C.Denial of order. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

N.M. R. Child. Ct. 10-138

10-218 NMRA; as amended and recompiled, effective 2/1/2002.

Committee commentary. - See Rule 5-507 NMRA of the Rules of Criminal Procedure for the District Courts.

ANNOTATIONS The 2001 amendment, effective February 1, 2002, inserted "statements" in the bold rule heading; in the first sentence of Paragraph A, substituted "the person from whom discovery is sought" for "a person to be examined pursuant to Rule 10-216", deleted "children's" preceding "court in which", substituted "or alternately, on matters relating to a deposition or statement, the" for "or the children's", substituted "expense" for "from the risk" and was amended to conform this rule with Rule 5-507 NMRA. Compiler's notes. - Former Rule 10-218 NMRA pertaining to "depositions; protective orders" was recompiled as this rule, effective February 1, 2002.