New Mexico Supreme Court Issues Writ Ordering the Attorney General to Comply with Discovery
Nancy Guthrie
SANTA FE, NM October 29, 2024 – The New Mexico Supreme Court issued a writ of superintending control under the NM Constitution, holding the Attorney General must produce discovery from executive branch agencies in litigation in which the State of New Mexico is a party.
Bardacke Allison Miller LLP petitioned for the writ in March 2022, after the Attorney General produced only 4 pages of discovery on behalf of the State in a far-reaching lawsuit over talcum powder products. The Supreme Court agreed that effective discovery is essential to the fairness of litigation. Because the Attorney General has the authority to obtain documents in possession of State agencies, it cannot refuse to produce them.