New Mexico Forms Library
Decision Information
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 566 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 447 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 364 documents
Decision Content
9-416. Stipulated discovery order.
[For use with Magistrate Court Rule 6-603 NMRA,
Metropolitan Court Rule 7-603 NMRA and
Municipal Court Rule 8-603 NMRA]
STATE OF NEW MEXICO
[COUNTY OF ___________________]
[CITY OF _______________________]
_________________________ COURT
No. ________
[STATE OF NEW MEXICO]
[CITY OF _______________________]
v.
__________________________________________, Defendant
STIPULATED DISCOVERY ORDER
The (state) (city) and the defendant stipulate to the following order:
1. That should the materials discovered under this order reasonably be calculated to lead to other material which is discoverable evidence, the (state) (city) will assist the defendant in obtaining such evidence.
2. All disputed matters not covered by this order will be decided by the court.
3. The (state) (city), through the __________________, is ordered to produce:
[ ] a complete copy of the police report and officer's statement;
[ ] a list of all witnesses to be called whose names and addresses do not appear on the police report;
[ ] the BAT card;
[ ] the defendant's record;
4. The (state) (city) (police) (county sheriff) is ordered to produce:
[ ] the calibration and maintenance records of the machine used to test defendant's breath for a period of ______________ days before and ______________ after the date of the offense;
[ ] the name and address of the manufacturer of the machine;
[ ] the conversion ratio used by the machine;
[ ] the date of purchase and the date of initial certification of the machine;
[ ] the instrument log for the machine used in defendant's test covering the shift during which the test was given;
[ ] any information known about radio frequency testing involving this machine.
IT IS ORDERED THAT:
1. The (district) (city) attorney's office send an endorsed copy of this order to the (state) (city) (police) (county sheriff) and to defendant's attorney.
2. The (state) (city) (police) (county sheriff) schedule an appointment with defendant's attorney within fifteen (15) days after the date of service of this stipulated discovery order.
3. Defendant's attorney shall attend the scheduled appointment or reschedule within three (3) days of notification of the appointment.
4. The (state) (city), through its agencies, is ordered to make available the following items for inspection with copying at defendant's expense.
________________________________________________________________
________________________________________________________________
5. For purpose of the six-month rule, time will run against the party which causes the appointment to be later than three (3) days before the trial setting.
6. The parties comply with the terms of the stipulated discovery order as set forth above.
_____________________________________
Judge
The above stipulation and order
is hereby agreed to:
_________________________
(District) (City) Attorney
__________________________
Attorney for Defendant
Information needed to expedite compliance: __________________________________
Date of offense: ________________________________________________________
Approximate time: _______________________________________________________
Police report number: ____________________________________________________
BAT instrument no.: _____________________________________________________
Trial setting date: _______________________________________________________
Time: _________________________________________________________________
Judge: ________________________________________________________________
[Adopted, effective October 1, 1987.]