Rule 10-232 - Disclosure by the respondent childA.Information subject to disclosure. Unless a shorter period of time is ordered by the court, within thirty (30) days after the date of the filing of a petition or not less than ten (10) days before the adjudicatory hearing, whichever date occurs earlier, the respondent child in a delinquency proceeding shall disclose or make available to the state: (1) any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody or control of the respondent child, and which the respondent child intends to introduce in evidence at the adjudicatory hearing which were prepared by a witness whom the respondent child intends to call at the adjudicatory hearing;(2) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the respondent child, which the respondent child intends to introduce in evidence at the adjudicatory hearing or which were prepared by a witness whom the respondent child intends to call at the adjudicatory hearing; and(3) a list of the names and addresses of the witnesses the respondent child intends to call at the adjudicatory hearing, together with any recorded or written statement made by any identified witness.B.Examining, photographing or copying evidence. The state may examine, photograph or copy any material disclosed pursuant to Paragraph A of this rule.C.Information not subject to disclosure. Except as to scientific or medical reports, this rule does not authorize the discovery or inspection of: (1) reports, memoranda or other internal defense documents made by the respondent child, or the respondent child's attorneys in connection with the investigation or defense of the case;(2) statements made by the respondent child to the respondent child's agents or attorneys.D.Certificate. The respondent shall file with the clerk of the court at least ten (10) days prior to the adjudicatory hearing a certificate stating that all information required to be produced pursuant to Paragraph A of this rule has been produced, except as specified. The certificate shall contain an acknowledgment of the continuing duty to disclose additional information. If information specifically excepted from the certificate is furnished by the respondent child after the filing of the certificate, a supplemental certificate shall be filed with the court setting forth the material furnished. A copy of the certificate and any supplemental certificate shall be served on the state.E.Failure to comply. If the respondent child fails to comply with any of the provisions of this rule, the court may enter an order pursuant to Rule 10-165 NMRA and Rule 10-137 NMRA. N.M. R. Child. Ct. 10-232
As amended, effective 2/1/2002; Rule 10-214 NMRA, recompiled and amended as Rule 10-232 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009. ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraphs A, C and E, changed "respondent" to "respondent child"; and in Paragraph E, changed the reference from Rule 10-113 NMRA to Rule 10-165 NMRA. The 2001 amendment, effective February 1, 2001, substituted "in a delinquency proceeding" for "in a petition alleging delinquency or need of supervision" in Paragraph A; inserted "which were prepared by a witness whom the respondent intends to call at the adjudicatory hearing" at the end of Subparagraph A(1); deleted "if the results or reports relate to his testimony" at the end of Subparagraph A(2); inserted "recorded or written" preceding "statement" and inserted "any identified" in Subparagraph A(3); substituted "or the respondent's attorneys" for "his attorney or agents" in Subparagraph C(1); and in the undesignated paragraph following Paragraph D, deleted "Rule 10-215 or hold the respondent or the defense counsel in contempt or take other disciplinary action" following "an order pursuant to" and substituted "NMRA and Rule 10-137 NMRA" for "of these rules". Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-214 NMRA was recompiled as Rule 10-232 NMRA, effective January 15, 2009.