N.M. R. Civ. P. Metro. Ct. 3-501.1

As amended through August 23, 2024

Rule 3-501.1 - Statements; protective orders

A.Statements. Upon order of the court, any person, including a party, with information which is subject to discovery may be ordered to give a statement. At any time during a statement, on motion of a party, the witness or the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass or oppress the witness or the deponent, the court in which the action is pending, or the court in the county where the statement is being taken, may order the examination to cease or may limit the scope and manner of the taking of the statement. If the order made terminates the statement, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party, the witness or the deponent, the taking of the statement shall be suspended for the time necessary to make a motion for an order.

B.Protective orders. Upon motion by a party or by the person from whom a statement is sought pursuant to this rule, and for good cause shown, the court in which the action is pending may make any order, which justice requires, to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense, including one or more of the following:

(1) that the disclosure or discovery not be had;

(2) that the disclosure or discovery may be had only on specified terms and conditions, including a designation of the time or place;

(3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

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

(5) that discovery be conducted with no one present except persons designated by the court; and

(6) that a trade secret or other confidential research, development or commercial information not be revealed or be revealed only in a designated way.

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. Civ. P. Metro. Ct. 3-501.1

Approved, effective 5/1/2002.