Local Rule 26.3: Required Disclosures

26.3 Required Disclosures. All provisions of FED. R. CIV. P. 26 are applicable to actions in this District, unless specifically exempted by local rule.

(a) Exemptions from Initial Disclosures. The following are exempted: (1) all disclosure in cases excluded from case management procedures by D.N.M.LR-Civ. 16.3; and (2) disclosure of experts having knowledge of the case who are used for the sole purpose of case preparation and not as witnesses.

(b) Exemption from Expert Report Disclosure. Unless otherwise ordered by the Court, a party must provide the written reports required by Fed. R. Civ. P. 26(a)(2)(B) only as to experts retained or specially employed by a party to provide expert testimony. Such reports need not be provided as to hybrid fact/expert witnesses such as treating physicians. The party must disclose the existence of any hybrid fact/expert witness pursuant to Fed. R. Civ. P. 26(a)(2)(A) and disclose the subject matter on which the expert witness is expected to present evidence under Fed. R. Evid. 702, 703, or 705, as well as a summary of the facts and opinions to which the hybrid fact/expert witness is expected to testify, pursuant to Fed. R. Civ. 26(a)(2)(C).

(c) Exemption When Joint Status Report Filed. When required disclosures have previously been made in the Joint Status Report pursuant to D.N.M.LR-Civ. 16.1, the required disclosures pursuant to FED. R. CIV. P. 26 may incorporate portions of the Joint Status Report.

(d) Required Initial Disclosure. In all cases in which the physical or mental medical condition of a party is an issue, the party whose condition is an issue must make a good faith effort to produce the following information that the disclosing party may use to support its claims or defenses, unless solely for impeachment: (1) a list of the name, address and phone number of any healthcare provider, including without limitation, any physicians, dentists, chiropractors, mental health counselors, clinics and hospitals which have treated the party within the last five (5) years preceding the date of the occurrence set forth in the pleadings and continuing through the current date; (2) all records of such healthcare providers which are already in that party's possession, which will be made available for inspection and copying by all other parties to the action; (3) for each healthcare provider, a signed authorization to release medical records form, as set forth in Appendix "A." Within fourteen (14) days after receiving medical records by use of these authorization forms, a party must make the records available for inspection and copying by all other parties to the action.

(e) Duties in Responding to Initial Disclosures. When information, records or a release subject to this rule is withheld on a claim that it is privileged or subject to objection, or that disclosure is prohibited by regulation or statute, the claim must be made expressly in writing and must be supported by a description of the nature of the documents, or things not produced that is sufficient to enable the demanding party to contest the claim.