N.M. R. Civ. P. Magist. Ct. 2-501

As amended through November 1, 2024
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.

N.M. R. Civ. P. Magist. Ct. 2-501

As amended, effective 5/1/2002.

ANNOTATIONS The 2002 amendment, effective May 1, 2002, deleted former Paragraph A relating to production of documents and added Paragraph A to F; redesignated Paragraph B as Paragraph G, and in present Paragraph G, deleted "If both parties are represented by counsel" from the beginning.

For district court rules for discovery, see Rules 1-026 to 1-037 NMRA. For form on motion for production, see Rule 4-501 NMRA. For form on order for production, see Rule 4-502 NMRA. For production order, see Civil Form 4-502 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 23 Am. Jur. 2d Depositions and Discovery § 21. Constitutional rights, requiring submission to physical examination or test as violation of, 25 A.L.R.2d 1407. Physical examination of injured person, power to require in action by his parent or spouse to recover for his injury, 62 A.L.R.2d 1291. Admissibility in civil action of electroencephalogram, electrocardiogram or other record made by instrument used in medical test, or of report based upon such test, 66 A.L.R.2d 536. Pretrial examination, right to copy of physician's report where there is no specific statute or rule providing therefor, 70 A.L.R.2d 384. Physical examination of personal injury plaintiff, court's power to order as affected by distance or location of place of examination, 71 A.L.R.2d 973. Treating physician, reports of, delivered to litigant's own attorney as subject of pretrial or other disclosure, production or inspection, 82 A.L.R.2d 1162. Physical examination of allegedly negligent person with respect to defect claimed to have caused or contributed to accident, 89 A.L.R.2d 1001. Mandamus or prohibition as available to compel or to prevent discovery proceedings, 95 A.L.R.2d 1229. Right of party to have his attorney or physician, or a court reporter, present during his physical or mental examination by a court-appointed expert, 7 A.L.R.3d 881. Timeliness of application for compulsory physical examination of injured party in personal injury action, 9 A.L.R.3d 1146. Medical malpractice action, scope of defendant's duty of pretrial discovery in, 15 A.L.R.3d 1446. Right of defendant in personal injury action to designate physician to conduct medical examination of plaintiff, 33 A.L.R.3d 1012. Patient's statements or declarations, admissibility of physician's testimony as to, other than res gestae, during medical examinations, 37 A.L.R.3d 778. Propriety and extent of state court protective order restricting party's right to disclose discovered information to others engaged in similar litigation, 83 A.L.R.4th 987. Right of party to have attorney or physician present during physical or mental examination at instance of opposing party, 84 A.L.R.4th 558. 27 C.J.S. Discovery § 21.