reglab/housing_qa huggingface dataset:
NM Stat § 38-7-3 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 7 - Admissibility and Sufficiency of Evidence|Section 38-7-3 - [Abstracts of title; admissibility; explanation; contradiction.]

Any abstract of the title to real estate, located in the state of New Mexico, certified to as correct by the secretary, and under the seal of any title abstract company, incorporated and doing business under the laws of the state, or by an individual bonded abstracter, shall be received in all of the courts of this state as evidence of the things recited therein, in the same manner, and to a like extent, that the public records are now admitted, and such abstract may be explained or contradicted in the same manner and to the same extent as such records may now be. History: Laws 1882, ch. 69, § 1; C.L. 1884, § 2744; C.L. 1897, § 3934; Code 1915, § 2188; C.S. 1929, § 45-615; Laws 1943, ch. 16, § 1; 1941 Comp., § 20-212; 1953 Comp., § 20-2-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. In suit to quiet title between parties claiming under conflicting grants, a certified abstract of title was admissible, even though the certificate excepted any "conflicts" with other grants, and inadvertently referred to the records of the wrong county, where the error was apparent. Jackson v. Gallegos, 1934-NMSC-016, 38 N.M. 211, 30 P.2d 719. Law reviews. — For article, "The New Mexico Legal Rights Demonstration Land Grant Project," see 8 N.M.L. Rev. 1 (1978). Am. Jur. 2d, A.L.R. and C.J.S. references. — Duty and liability of abstracter to employer respecting matters to be included in abstract, 28 A.L.R.2d 891. Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314. 32A C.J.S. Evidence § 890.
NM Stat § 38-7-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 7 - Admissibility and Sufficiency of Evidence|Section 38-7-4 - [False or forged abstract; penalty.]

Any officer of such company, who shall certify to any such abstract that it is true and correct, knowing the same to be false, or any person who shall forge the name of any such officer, or the seal of any such company, shall, upon conviction, be deemed guilty of a felony, and be fined not more than five hundred dollars [($500)], or imprisonment in the penitentiary not more than three years, or both, in the discretion of the court. History: Laws 1882, ch. 69, § 2; C.L. 1884, § 2745; C.L. 1897, § 3935; Code 1915, § 2189; C.S. 1929, § 45-616; 1941 Comp., § 20-213; 1953 Comp., § 20-2-14. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 38-8-1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 8 - Depositions for Use in Foreign State|Section 38-8-1 - [Order for appearance of witness and production of documents.]

Where an order has been made by the court or a judge in a foreign state, territory or country, or stipulation has been entered into, or a notice given pursuant to the practice in such state, territory or country for the taking of the deposition of a witness within this state for use in a legal proceeding or cause pending in such state, territory or country, any judge shall, upon proof of such facts, issue an order directing the witness or witnesses to attend before the judge, notary or commissioner therein named, and to testify under oath or affirmation, and to produce such books, papers and writings as may be deemed material, at a time and place certain, and upon such further day or days as the judge, notary or commissioner may appoint, but no witness shall be compelled to attend outside the judicial district in which he shall reside, or sojourn, nor unless served with a copy of such order ten days before the return day therein mentioned and is paid witness fees and mileage in the same manner as are required upon the service of a subpoena in a cause pending in the district court. History: Laws 1907, ch. 84, § 1; Code 1915, § 2160; C.S. 1929, § 45-301; 1941 Comp., § 20-301; 1953 Comp., § 20-3-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For allowance of per diem and mileage for witnesses in district courts, see 38-6-4 NMSA 1978. For depositions in civil actions in district courts generally, see Rule 1-026 NMRA et seq.. For discovery and production of documents in civil actions in district courts generally, see Rule 1-034 NMRA. For discovery in civil actions in magistrate courts, see Rule 2-501 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Depositions and Discovery §§ 148, 149. 26A C.J.S. Depositions §§ 61, 62.
NM Stat § 38-8-2 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 8 - Depositions for Use in Foreign State|Section 38-8-2 - [Disobedience of witness; use of copies of documents.]

In case any witness shall refuse or fail to appear, be sworn or affirmed, and answer such questions as may be put to him, he may be proceeded against in the same manner and to the same extent as if such witness were testifying in a cause being tried before the district court; but no witness shall be required to deliver up any book, paper or writing to be annexed to the said deposition and taken out of this state, but a copy of the same may be annexed to such deposition. History: Laws 1907, ch. 84, § 2; Code 1915, § 2161; C.S. 1929, § 45-302; 1941 Comp., § 20-302; 1953 Comp., § 20-3-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For consequences of refusal to make discovery in civil actions in district courts, see Rule 1-037 NMRA. For punishment for contempt for refusal to obey subpoenas in civil actions in district courts, see Rule 1-045 NMRA.
NM Stat § 38-8-3 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 8 - Depositions for Use in Foreign State|Section 38-8-3 - [False testimony punishable as perjury.]

The giving of false testimony before such judge, commissioner or notary shall be punished in the same manner and to the same extent as if given before the court upon the trial of a cause in the district court. History: Laws 1907, ch. 84, § 3; Code 1915, § 2162; C.S. 1929, § 45-303; 1941 Comp., § 20-303; 1953 Comp., § 20-3-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For perjury generally, see 30-25-1 NMSA 1978.
NM Stat § 38-9-1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-1 - Short title.

Chapter 38, Article 9 NMSA 1978 may be cited as the "Deaf Interpreter Act". History: Laws 1979, ch. 263, § 1; 2007, ch. 23, § 1. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed "This act" to "Chapter 38, Article 9 NMSA 1978". Am. Jur. 2d, A.L.R. and C.J.S. references. — Deaf-mute as witness, 50 A.L.R.4th 1188.
NM Stat § 38-9-2 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-2 - Definitions.

As used in the Deaf Interpreter Act: A. "appointing authority" means the presiding judge or magistrate of any court and the hearing officer or other person authorized to administer oaths in any administrative proceeding before a board, commission, agency, institution, department or licensing authority of the state or any of its political subdivisions wherein an interpreter is required pursuant to the provisions of the Deaf Interpreter Act; B. "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit him from understanding voice communications; C. "principal party in interest" means a person in any judicial or administrative proceeding in which he is a named party or who will or may be bound by the decision or action or foreclosed from pursuing his rights by the decision or action which may be taken in the proceeding; and D. "interpreter" means a person who may through sign language, manual spelling or orally, through lip reading, as required, translate and communicate between a principal party in interest and other parties. History: Laws 1979, ch. 263, § 2.
NM Stat § 38-9-3 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-3 - Interpreter required.

If a deaf person who is a principal party in interest has provided notice and proof of disability, if required, pursuant to Section 38-9-6 NMSA 1978, the appointing authority shall appoint an interpreter, after consultation with the deaf person, to interpret or to translate the proceedings to the person and to interpret or translate the person's testimony. Interpreters may be selected from current lists of interpreters provided by the commission for deaf and hard-of-hearing persons for: A. interpreters certified by the national registry of interpreters for the deaf; or B. other interpreters qualified through action of the commission for deaf and hard-of-hearing persons. History: Laws 1979, ch. 263, § 3; 2007, ch. 23, § 2. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed Section "6 of the Deaf Interpreter Act" to Section "38-9-6 NMSA 1978"; changed "vocational rehabilitation division" to "commission for deaf and hard-of-hearing persons"; and in Subsection B, changed the former requirement that interpreters qualify through joint action and agreement of the vocational rehabilitation division, the New Mexico registry of interpreters for the deaf, incorporated, and the New Mexico association of the deaf or by nomination by a deaf person or appoint authority to the requirement that interpreters qualify through action of the commission for deaf and hard-of-hearing persons.
NM Stat § 38-9-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-4 - Interpreter waiver.

A deaf person who is a principal party in interest may at any point in any proceeding waive the right to the services of an interpreter. History: Laws 1979, ch. 263, § 4.
NM Stat § 38-9-5 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-5 - Interpreter; services.

Whenever any deaf person is requesting or receiving services from any health, welfare or educational agency under the authority of the state or any political subdivision of the state or municipality, an interpreter may be appointed to interpret or translate the actions of any personnel providing the services and to assist the deaf person in communicating with the personnel. History: Laws 1979, ch. 263, § 5.
NM Stat § 38-9-6 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-6 - Notice; proof of disability.

Every deaf person whose appearance at a proceeding entitles the person to an interpreter shall notify the appointing authority of the person's disability at least two weeks prior to any appearance and shall request the services of an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the person's disability when the appointing authority has reason to believe that the person is not so disabled. Reasonable proof shall include but not be limited to a statement from a doctor, an audiologist, the vocational rehabilitation division of the public education department, the commission for deaf and hard-of-hearing persons or a school nurse that identifies the person as deaf or as having hearing so seriously impaired as to prohibit the person from understanding voice communications. History: Laws 1979, ch. 263, § 6; 2007, ch. 23, § 3. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, changed "vocational rehabilitation division" to "vocational rehabilitation division of the public education department" and added the provision that reasonable proof may include a statement from the commission for deaf and hard-of-hearing persons.
NM Stat § 38-9-7 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-7 - Coordination of interpreter requests.

A. Whenever an appointing authority receives a valid request for the services of an interpreter, the appointing authority shall request the commission for deaf and hard-of-hearing persons to furnish a list of interpreters. B. The New Mexico association of the deaf and the New Mexico registry of interpreters for the deaf are authorized to assist the commission to prepare and continually update a listing of available interpreters. When requested by an appointing authority to provide assistance in providing an interpreter, the commission shall supply a list of available interpreters. C. An interpreter who has been appointed shall be reimbursed by the appointing authority at a fixed rate reflecting a current approved fee schedule as established by the commission and the administrative office of the courts. Nothing in this section shall be construed to prevent any state department, board, institution, commission, agency or licensing authority or any political subdivision of the state from employing an interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate. History: Laws 1979, ch. 263, § 7; 2007, ch. 23, § 4. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, in Subsection A, changed "vocational rehabilitation division" to "commission for deaf and hard-of-hearing persons"; in Subsection B, changed "division" to "commission"; and in Subsection C, changed "division" to "commission and the administrative office of the courts".
NM Stat § 38-9-8 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-8 - Interpreter permitted.

Whenever a deaf person is interested in any administrative or judicial proceeding in which an interpreter would be required for a principal party in interest, he shall be entitled to utilize an interpreter to translate the proceeding for him and to assist him in presenting his testimony or comment. History: Laws 1979, ch. 263, § 8.
NM Stat § 38-9-9 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-9 - Oath of interpreter.

Every interpreter appointed pursuant to the provisions of the Deaf Interpreter Act, before entering upon his duties, shall take an oath that he will make a true interpretation in an understandable manner to the deaf person for whom he is appointed. History: Laws 1979, ch. 263, § 9.
NM Stat § 38-9-10 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 9 - Interpreters for Deaf|Section 38-9-10 - Privileged communication.

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and the deaf person could not be compelled to testify as to the communications, the privilege shall apply to the interpreter as well. History: Laws 1979, ch. 263, § 10.
NM Stat § 38-10-1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-1 - Short title.

This act [38-10-1 to 38-10-8 NMSA 1978] may be cited as the "Court Interpreters Act". History: Laws 1985, ch. 209, § 1. ANNOTATIONSSharing or borrowing an interpreter does not constitute structural error and reversal is warranted only on a showing of prejudice. State v. Nguyen, 2008-NMCA-073, 144 N.M. 197, 185 P.3d 368, cert. denied, 2008-NMCERT-004, 144 N.M. 47, 183 P.3d 932. Sharing of interpreters is a not a personal decision of the defendant. — The decision whether to use one interpreter to cover translations for the juror and for the defendant is not a personal right of the defendant, but falls within the realm of decisions by counsel that implicate constitutional rights, but that nevertheless can be waived by counsel, in the absence of any showing of prejudice. State v. Nguyen, 2008-NMCA-073, 144 N.M. 197, 185 P.3d 368, cert. denied, 2008-NMCERT-004, 144 N.M. 47, 183 P.3d 932. Law reviews. — For article, "Attorney as interpreter: A return to babble," 20 N.M.L. Rev. 1 (1990). For article, "Lawyers, Linguists, Story-Tellers and Limited English Speaking Witnesses," see 27 N.M.L. Rev. 77 (1997). Am. Jur. 2d, A.L.R. and C.J.S. references. — Ineffective assistance of counsel: use or nonuse of interpreter at prosecution of foreign language speaking defendant, 79 A.L.R.4th 1102.
NM Stat § 38-10-2 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-2 - Definitions.

As used in the Court Interpreters Act: A. "appointing authority" means the presiding judge of a court in which an interpreter is required pursuant to the provisions of the Court Interpreters Act; B. "interpreter" means a person who has a sufficient range of formal and informal language skills in English and another language so that he is readily able to interpret, translate and communicate simultaneously and consecutively in either direction between a non-English speaking person and other parties; C. "non-English speaking person" means a person who: (1) cannot speak or understand the English language; (2) speaks only or primarily a language other than the English language; or (3) has a dominant language other than English, which inhibits that person's comprehension of the proceedings or communication with counsel or the presiding judicial officer; D. "principal party in interest" means a person in a judicial proceeding who is a named party or who will or may be bound by the decision or action or foreclosed from pursuing his rights by the decision or action which may be taken in the proceeding; and E. "witness" means a witness in any judicial proceeding. History: Laws 1985, ch. 209, § 2.
NM Stat § 38-10-3 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-3 - Certified interpreter required; compensation.

A. After July 1, 1986, if a non-English speaking person who is a principal party in interest or a witness has requested an interpreter, the appointing authority shall appoint, after consultation with the non-English speaking person or his attorney, an interpreter certified pursuant to the Court Interpreters Act to interpret or to translate the proceedings to him and to interpret or translate his testimony. The appointing authority shall select the interpreter from the current list of certified interpreters provided by the administrative office of the courts, except as provided in Subsection B of this section. B. The appointing authority may appoint an interpreter pursuant to Subsection A of this section who is not certified but who is otherwise competent only when the appointing authority has made diligent efforts to obtain a certified interpreter and has found none to be reasonably available in the judicial district. C. The appointing authority shall reimburse the interpreter at a fixed rate according to a current approved fee schedule established by the administrative office of the courts. D. Nothing in this section shall be construed to prevent any court from employing a certified interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate. History: Laws 1985, ch. 209, § 3. ANNOTATIONSCross references. — For the duties of the administrative office of courts, see 34-9-3 NMSA 1978. Right to interpreter. — Statutory and constitutional provisions do not mandate the appointment of an interpreter to assist respondents to translate documents or interpret discussions taking place outside of court. State ex rel. CYFD v. William M., 2007-NMCA-055, 141 N.M. 765, 161 P.3d 262.
NM Stat § 38-10-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-4 - Court interpreters advisory committee created; duties.

There is created the "court interpreters advisory committee" which consists of the director of the administrative office of the courts and four persons appointed by the chief justice of the New Mexico supreme court, who are a justice of the New Mexico supreme court, a district court judge, a district court clerk and a professional in foreign languages or linguistics. The court interpreters advisory committee shall provide advice and recommendations to the administrative office of the courts on the development of an interpreters training and certification program. The advisory committee shall meet initially no later than August 1, 1985, to organize and elect a chairman. Thereafter, the committee shall meet as necessary at the call of the chairman or the request of a majority of committee members. Advisory committee members shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. History: Laws 1985, ch. 209, § 4. ANNOTATIONSCross references. — For the director of the administrative office of the courts, see 34-9-1 NMSA 1978.
NM Stat § 38-10-5 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-5 - Certification; administration.

The administrative office of the courts shall: A. develop and administer a certification program for interpreters; B. identify or provide for the development of and certify the examinations, courses and training required for certification of interpreters pursuant to the Court Interpreters Act; C. develop and maintain a current list of available certified interpreters and provide to each court a list of certified interpreters available within that judicial district; D. set such certification fees as may be necessary; E. adopt and disseminate to each court an approved fee schedule for certified interpreters; and F. adopt and promulgate rules and regulations necessary to carry out the provisions of the Court Interpreters Act. History: Laws 1985, ch. 209, § 5.
NM Stat § 38-10-6 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-6 - Interpreter waiver.

A. A non-English speaking person who is a principal party in interest or a witness may at any point in any proceeding waive the right to the services of an interpreter, but only when such waiver is: (1) approved by the appointing authority after he has explained the nature and effect of the waiver to the non-English speaking person through an interpreter; and (2) made on the record after the non-English speaking person has consulted with his attorney. B. At any point in any proceeding, a non-English speaking person may retract his waiver pursuant to Subsection A of this section and request an interpreter. History: Laws 1985, ch. 209, § 6.
NM Stat § 38-10-7 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 10 - Court Interpreters|Section 38-10-7 - Interpreter permitted.

Whenever a non-English speaking person is interested in any judicial proceeding in which an interpreter would be required for a principal party in interest or a witness, he shall be entitled to utilize a certified interpreter to interpret the proceedings for him and to assist him in presenting his testimony or comment. History: Laws 1985, ch. 209, § 7.