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Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4502
Experience:  Almost 12 years of legal experience
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Illinois Civil Discovery rules include the following rule:

Customer Question

Illinois Civil Discovery rules include the following rule: (g) Limitation on Testimony and Freedom to Cross-Examine. The information disclosed in answer to a Rule 213(f) interrogatory, or at in a discovery deposition, limits the testimony that can be given by a witness on direct examination at trial. Information expressed disclosed in a discovery deposition need not be later specifically identified in a Rule 213(f) answer, but, upon objection at trial, the burden is on the proponent of the witness to prove the information was provided in a Rule 213(f) answer or in the discovery deposition. Except upon a showing of good cause, information in an evidence deposition not previously disclosed in a Rule 213(f) interrogatory answer or in a discovery deposition shall not be admissible upon objection at trial.
JA: Is this a federal or state court case?
Customer: I need to determine if there is a similar/corollary rule in New Mexico
JA: Has anything been filed or reported?
Customer: state case
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Hammer O'Justice replied 2 months ago.


No, New Mexico does not have a similar provision. However, some of the Rules in New Mexico can be read together to try to achieve a similar result, although it is more in the court's discretion than required by rule like in Illinois.

Rule 1-026(B)(3) states:

(3) Witnesses and exhibits. Parties may obtain discovery of the identity of each person expected to be called as a witness at trial, the subject matter of the witness’s expected testimony and the substance of the witness’s testimony. Parties may also discover the name, address and telephone number of each individual likely to have discoverable information that another party may use to support its claims or defenses as well as the subjects of such information. Parties may obtain a copy of, or a description by category and location of, all documents, electronically stored information, and tangible things that a party may use to support its claims or defenses.

Rule 1-033 governs interrogatories. The information stated above can be requested in an interrogatory, including the substance of a witness's testimony.

Rule 1-037 governs sanctions. If the party doesn't cooperate with discovery and any court order ordering discovery, then a party can make a motion to exclude that evidence/information from trial. So if a party has properly requested information and it was not provided by the other side, the court has the ability to keep that information out of trial.

So it is not identical to the rule in Illinois, nor as easy, but it is possible to use multiple rules to achieve a similar outcome.