MOTION FOR DISCOVERY (CRIMINAL) — NEW MEXICO

Table of Contents

1. Caption
2. Introduction
3. Statement of Facts
4. Legal Authority
5. Brady/Giglio Obligations
6. Categories of Discovery Requested
7. Good Faith Certification
8. Proposed Order
9. Certificate of Service
10. New Mexico Practice Notes

1. Caption

STATE OF NEW MEXICO
[________________________________] JUDICIAL DISTRICT COURT
COUNTY OF [________________________________]

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], Esq., and respectfully moves this Honorable Court for an Order compelling the State of New Mexico to provide complete discovery pursuant to Rules 5-501 through 5-503 of the New Mexico Rules of Criminal Procedure for the District Courts (NMRA), the Due Process Clauses of the United States and New Mexico Constitutions, and the holdings in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

3. Statement of Facts

1. On or about [__/__/____], the Defendant was charged by [☐ information / ☐ indictment] with [________________________________].

2. The Defendant was arraigned on [__/__/____] in the [________________________________] Judicial District Court, County of [________________________________].

3. Under NMRA Rule 5-501(A), the State was required to disclose all discoverable material within ten (10) days after arraignment or the filing of a waiver of arraignment.

4. As of the date of this Motion, [the State has failed to provide discovery / the State has provided incomplete discovery, specifically: [________________________________]].

5. Defense counsel has made [written / oral] requests to the [________________________________] District Attorney's Office on [__/__/____] seeking compliance with the State's disclosure obligations.

4. Legal Authority

A. NMRA Rule 5-501 — Disclosure by the State

Rule 5-501(A) requires that within ten (10) days after arraignment, the State shall disclose or make available to the defendant the following categories of material, subject to Rule 5-501(E) protective provisions:

• Defendant's and co-defendant's statements
• Defendant's prior criminal record
• Documents, photographs, and tangible objects
• Reports of examinations, tests, and experiments
• Witness lists and witness statements
• Exculpatory evidence

B. NMRA Rule 5-503 — Regulation of Discovery

Rule 5-503 authorizes the court to regulate discovery, impose sanctions for non-compliance, and issue protective orders as necessary.

C. Constitutional Due Process

The Fourteenth Amendment to the United States Constitution and Article II, Section 18 of the New Mexico Constitution guarantee the right to due process, including the right of a criminal defendant to obtain evidence necessary to prepare a defense.

D. New Mexico Case Law

New Mexico courts have recognized broad discovery rights in criminal cases. See State v. Duffy, 1998-NMSC-014; State v. Gonzales, 2007-NMCA-071.

5. Brady/Giglio Obligations

The Defendant specifically demands all material subject to disclosure under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), including but not limited to:

☐ Any and all exculpatory evidence tending to negate guilt or reduce punishment

☐ Any and all impeachment material relating to prosecution witnesses, including:
- Prior inconsistent statements
- Benefits, promises, or inducements offered to witnesses
- Prior criminal convictions or pending charges of witnesses
- Evidence of bias, motive, or interest
- Internal affairs records or disciplinary history of law enforcement witnesses

☐ Evidence suggesting alternative suspects

☐ Evidence of witness misidentification or recantation

☐ Evidence contradicting the prosecution's theory

6. Categories of Discovery Requested

Pursuant to NMRA Rule 5-501, the Defendant requests:

A. Defendant's and Co-Defendant's Statements (Rule 5-501(A)(1))

☐ Any statement made by the Defendant, or copies thereof
☐ Any statement made by a co-defendant, or copies thereof
☐ Substance of any oral statements by the Defendant or co-defendant
☐ Grand jury testimony of the Defendant

B. Defendant's Prior Record (Rule 5-501(A)(2))

☐ The Defendant's prior criminal record, if any

C. Documents and Tangible Objects (Rule 5-501(A)(3))

☐ All books, papers, documents, photographs, and tangible objects obtained from or belonging to the Defendant
☐ All items the State intends to use at trial
☐ All items material to the preparation of the defense
☐ Search warrants, affidavits, and returns
☐ Surveillance photographs and videos
☐ 911 recordings and dispatch records

D. Scientific Reports and Expert Evidence (Rule 5-501(A)(4))

☐ All reports of physical or mental examinations
☐ All reports of scientific tests, experiments, or comparisons
☐ Underlying data, notes, and bench notes for forensic analyses
☐ Chain of custody documentation
☐ Expert qualifications and curriculum vitae

E. Witness Information (Rule 5-501(A)(5))

☐ Names and addresses of all persons the State intends to call as witnesses
☐ Recorded statements of all witnesses
☐ Criminal history records of all prosecution witnesses
☐ Cooperation agreements, plea deals, or inducements to any witness

F. Exculpatory Evidence (Rule 5-501(A)(6))

☐ All evidence favorable to the Defendant on the issue of guilt or punishment
☐ All impeachment evidence as defined by Giglio v. United States
☐ All mitigating evidence

G. Law Enforcement Materials

☐ All police reports, incident reports, and supplemental reports
☐ Officer body-worn camera footage
☐ Dashboard camera footage
☐ All internal memoranda related to the investigation
☐ Radio communications and dispatch logs
☐ Cell phone records and digital evidence

H. Electronic and Digital Evidence

☐ Cell site location information (CSLI)
☐ Social media records
☐ Email communications
☐ Computer forensic reports
☐ Any electronic surveillance recordings or applications

7. Good Faith Certification

I, [ATTORNEY NAME], Esq., attorney for the Defendant, hereby certify:

1. On [__/__/____], I made a written request for discovery to the [________________________________] District Attorney's Office.

2. I have made good-faith efforts to resolve the discovery dispute before filing this Motion, including [________________________________].

3. The State has not provided complete discovery as required by NMRA Rule 5-501.

4. This Motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME], Esq.
Attorney for Defendant
Date: [__/__/____]

8. Proposed Order

STATE OF NEW MEXICO
[________________________________] JUDICIAL DISTRICT COURT
COUNTY OF [________________________________]

STATE OF NEW MEXICO v. [DEFENDANT FULL NAME]
Case No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

THIS MATTER having come before the Court on the Defendant's Motion for Discovery;

THE COURT, having reviewed the Motion and any opposition thereto, and being otherwise sufficiently advised, FINDS that the Defendant is entitled to discovery as set forth herein;

IT IS THEREFORE ORDERED:

1. The State shall, within [____] days of this Order, produce and make available to the Defendant all materials and information as set forth in the Motion for Discovery and as required by NMRA Rule 5-501.

2. The State's disclosure obligation is continuing, and any additional material discovered shall be promptly disclosed pursuant to NMRA Rule 5-501(D).

3. Failure to comply with this Order may result in sanctions under NMRA Rule 5-503, including but not limited to preclusion of evidence, adverse inference instructions, contempt, or dismissal.

______________________________________
DISTRICT COURT JUDGE

Date: [__/__/____]

9. Certificate of Service

I, [ATTORNEY NAME], Esq., hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Discovery and Proposed Order was served upon:

[PROSECUTOR NAME]
[________________________________] District Attorney's Office
[________________________________]
[________________________________]

☐ By hand delivery
☐ By regular mail
☐ By electronic service
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME], Esq.

10. New Mexico Practice Notes

1. 10-Day Disclosure Rule: Under NMRA Rule 5-501(A), the State must disclose within 10 days after arraignment or the filing of a waiver of arraignment. The court may order a shorter period.

2. Continuing Duty: Rule 5-501(D) imposes a continuing duty on the State to disclose additional materials that become known through due diligence.

3. Protective Orders: Rule 5-501(E) allows the State to seek a protective order to limit or defer disclosure upon a showing of good cause (e.g., witness safety, ongoing investigation).

4. Reciprocal Discovery: Rule 5-502 requires the defense to disclose certain materials upon request, including expert reports, documents the defense intends to use at trial, and notice of alibi or insanity defense.

5. Sanctions: Under Rule 5-503, the court may order disclosure, grant a continuance, exclude evidence, or impose other sanctions for non-compliance.

6. Magistrate Court Cases: For cases in Magistrate Court, discovery is governed by NMRA Rule 6-506 rather than Rule 5-501.

7. Work Product Protection: The State is not required to disclose attorney work product, internal memoranda containing legal theories, or investigative strategies. However, factual material contained therein may be discoverable.

This template is provided for informational purposes only and does not constitute legal advice. It should be reviewed and customized by a licensed New Mexico attorney before use.

Last updated: 2026-04-03