reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-13 - Drawing and qualifying trial jury.

The district court of each county shall maintain a list of the names of the jurors duly empaneled and present for the trial of a case. The judge shall cause the names to be randomly selected until sufficient names have been drawn to provide the number of jurors required for the trial. The name and number of each juror shall be announced. Twelve or six jurors shall compose a petit jury in the district courts for the trial of civil causes. Twelve jurors shall compose a petit jury in criminal and children's court cases. Magistrate and metropolitan jury court selection shall be conducted in accordance with supreme court rules.
History:
1953 Comp., § 19-1-13, enacted by Laws 1969, ch. 222, § 13; 1991, ch. 71, § 5; 2005, ch. 107, § 9.
ANNOTATIONS
Cross references.
— For number of jurors required to return verdict in civil cases,
see
38-5-17 NMSA 1978 and Rules 1-038 and 1-048 NMRA.
For selection of jurors in criminal cases generally,
see
Rule 5-605 NMRA.
For requirement of unanimous verdict in criminal cases,
see
Rule 5-611 NMRA.
The 2005 amendment,
effective July 1, 2005, eliminated all former requirements concerning the jury lot slip container and lot slips, and provided that names shall be randomly selected.
The 1991 amendment,
effective April 1, 1991, added "Jury lot slip container" at the beginning of the catchline; added Subsection A; designated the formerly undesignated provision as Subsection B; and, in Subsection B, deleted "before each name is drawn" following "rotated" in the third sentence, inserted "or six" following "Twelve" and deleted "or criminal" following "civil" in the fifth sentence, added the last three sentences; and made minor stylistic changes throughout the subsection.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 50 C.J.S. Juries §§ 192 to 198.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-15 - Mileage and compensation for jurors.

Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.
History:
1953 Comp., § 19-1-15, enacted by Laws 1969, ch. 222, § 15; 1970, ch. 40, § 3; 1976 (S.S.), ch. 16, § 1; 1979, ch. 285, § 1; 1991, ch. 71, § 7; 2017, ch. 61, § 2.
ANNOTATIONS
Cross references.
— For Per Diem and Mileage Act,
see
10-8-1 NMSA 1978.
For provision of meals and accommodations for jurors,
see
34-6-41 NMSA 1978.
The 2017 amendment,
effective June 16, 2017, reduced mileage reimbursement for certain jurors, allowing a juror to be reimbursed for mileage only if the juror travels more than forty miles round trip from the juror's residence to the courthouse; and after "reimbursed for travel", added "in excess of forty miles round trip".
The 1991 amendment,
effective April 1, 1991, deleted "and jury commissioners" following "jurors" in the catchline; deleted "Jury commissioners" at the beginning of the first and second sentences; and made related stylistic changes.
When jurors are kept together a night during the course of a trial, they should be paid for this time.
1969 Op. Att'y Gen. No. 69-101.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
47 Am. Jur. 2d Jury § 99.
50 C.J.S. Juries § 207.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-18 - Employer prohibited from penalizing employee for jury service.

A. An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service.
B. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury. Nothing in this subsection requires an employer to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies.
History:
Laws 1979, ch. 47, § 1; 2005, ch. 107, § 10.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, added Subsection B to prohibit employers from requiring or requesting that employees use annual, vacation or sick time for jury service, and provided that employers are not required to grant leave time to employees who are not otherwise entitled to those benefits.
Law reviews.
— For article, "Defending the Abusively Discharged Employee: In Search of a Judicial Solution," see 12 N.M.L. Rev. 711 (1982).
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-19 - Penalty.

An employer, either individually or through his agent, who violates Section 1 [38-5-18 NMSA 1978] of this act is guilty of a petty misdemeanor.
History:
Laws 1979, ch. 47, § 2.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6 - Witnesses and Their Competency › Section 38-6-1 to 38-6-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 115, § 1, repealed 38-6-1 through 38-6-3 NMSA 1978, relating to the issuance and service of subpoenas against witnesses, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6 - Witnesses and Their Competency › Section 38-6-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 115, § 1, repealed 38-6-5 NMSA 1978, relating to mileage and per diem expenses for witnesses and fixing trial dates for criminal cases, effective March 21, 1981.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-1 - Short title.

This act [38-6A-1 to 38-6A-9 NMSA 1978] may be cited as the "Uniform Child Witness Protective Measures Act".
History:
Laws 2011, ch. 98, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-3 - Applicability.

A. The Uniform Child Witness Protective Measures Act applies to the testimony of a child witness in a criminal or noncriminal proceeding. However, the Uniform Child Witness Protective Measures Act does not preclude, in a criminal or noncriminal proceeding, any other procedure permitted by law:
(1) for a child witness to testify by an alternative method, however denominated; or
(2) for protecting the interests of or reducing mental or emotional harm to a child witness.
B. The supreme court may adopt rules of procedure and evidence to implement the provisions of the Uniform Child Witness Protective Measures Act.
History:
Laws 2011, ch. 98, § 3.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-4 - Hearing whether to allow testimony by alternative method.

A. The presiding officer in a criminal or noncriminal proceeding may order a hearing to determine whether to allow a child witness to testify by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness or an individual determined by the presiding officer to have sufficient standing to act on behalf of the child.
B. A hearing to determine whether to allow a child witness to testify by an alternative method shall be conducted on the record after reasonable notice to all parties, to any nonparty movant and to any other person the presiding officer specifies. The child's presence is not required at the hearing unless ordered by the presiding officer.
History:
Laws 2011, ch. 98, § 4.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-5 - Standards for determining whether a child witness may testify by alternative method.

A. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method in the following situations:
(1) the child may testify otherwise than in an open forum in the presence and full view of the finder of fact upon a showing that the child witness may be unable to testify without suffering unreasonable and unnecessary mental or emotional harm; and
(2) the child may testify other than face-to-face with the defendant if the presiding officer makes specific findings that the child witness would be unable to testify face-to-face with the defendant without suffering unreasonable and unnecessary mental or emotional harm.
B. In a noncriminal proceeding, the presiding officer may allow a child witness to testify by an alternative method if the presiding officer finds that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making this finding, the presiding officer shall consider:
(1) the nature of the proceeding;
(2) the age and maturity of the child;
(3) the relationship of the child to the parties in the proceeding;
(4) the nature and degree of mental or emotional harm that the child may suffer in testifying; and
(5) any other relevant factor.
History:
Laws 2011, ch. 98, § 5.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-6 - Factors for determining whether to permit alternative method.

If the presiding officer determines that a standard pursuant to Section 5 [38-6A-5 NMSA 1978] of the Uniform Child Witness Protective Measures Act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consider:
A. alternative methods reasonably available for protecting the interests of or reducing mental or emotional harm to the child;
B. available means for protecting the interests of or reducing mental or emotional harm to the child without resort to an alternative method;
C. the nature of the case;
D. the relative rights of the parties;
E. the importance of the proposed testimony of the child;
F. the nature and degree of mental or emotional harm that the child may suffer if an alternative method is not used; and
G. any other relevant factor.
History:
Laws 2011, ch. 98, § 6.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-7 - Order regarding testimony by alternative method.

A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the presiding officer's determination.
B. An order allowing a child witness to testify by an alternative method shall:
(1) state the method by which the child is to testify;
(2) list any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the child during the testimony;
(3) state any special conditions necessary to facilitate a party's right to examine or cross-examine the child;
(4) state any condition or limitation upon the participation of individuals present during the testimony of the child; and
(5) state any other condition necessary for taking or presenting the testimony.
C. The alternative method ordered by the presiding officer shall be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order and shall be subject to the other provisions of the Uniform Child Witness Protective Measures Act.
History:
Laws 2011, ch. 98, § 7.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-8 - Right of party to examine child witness.

An alternative method ordered by the presiding officer shall permit a full and fair opportunity for examination or cross-examination of the child witness by each party, subject to such protection of the child witness as the presiding officer deems necessary.
History:
Laws 2011, ch. 98, § 8.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 6A - Uniform Child Witness Protective Measures › Section 38-6A-9 - Uniformity of application and construction.

In applying and construing the Uniform Child Witness Protective Measures Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2011, ch. 98, § 9.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 98, § 11 made the Uniform Child Witness Protective Measures Act effective July 1, 2012.
Severability.
— Laws 2011, ch. 98, § 10 provided that if any part or application of the Uniform Child Witness Protective Measures Act was held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 7 - Admissibility and Sufficiency of Evidence › Section 38-7-1 - Verified accounts; instruments in writing; denial under oath.

Except as provided in the Uniform Commercial Code [Chapter 55 NMSA 1978], accounts duly verified by the oath of the party claiming the same, or his agent, and promissory notes and other instruments in writing, not barred by law, are sufficient evidence in any suit to enable the plaintiff to recover judgment for the amount thereof, unless the defendant or his agent denies the same under oath.
History:
Laws 1880, ch. 5, § 18; C.L. 1884, § 1878; C.L. 1897, § 2931; Code 1915, § 2176; C.S. 1929, § 45-603; 1941 Comp., § 20-207; 1953 Comp., § 20-2-7; Laws 1961, ch. 96, § 11-103.
ANNOTATIONS
Cross references.
— For admissibility of evidence in civil actions in district courts,
see
Rule 11-101 NMRA et seq.
Section held unconstitutional.
— Because this section prescribes an evidentiary rule of practice or procedure, an area constitutionally within the power of the supreme court and not the legislature, this section is unconstitutional.
Miller & Assocs., Ltd. v. Rainwater
, 1985-NMSC-001, 102 N.M. 170, 692 P.2d 1319.
Law reviews.
— For annual survey of New Mexico commercial law, see 16 N.M.L. Rev. 1 (1986).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
1 Am. Jur. 2d Accounts and Accounting § 12 et seq.
Accounts receivable: sufficiency of evidence as to items included in "accounts receivable" under contract selling, assigning, pledging, or reserving such items, 41 A.L.R.2d 1395.
1 C.J.S. Account, Action on §§ 33 to 43.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 7 - Admissibility and Sufficiency of Evidence › Section 38-7-2 - [Consideration imported by written contract.]

Every contract in writing hereafter made shall import a consideration in the same manner and as fully as sealed instruments have heretofore done.
History:
Laws 1901, ch. 62, § 12; Code 1915, § 2181; C.S. 1929, § 45-608; 1941 Comp., § 20-208; 1953 Comp., § 20-2-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Under this section, it is not necessary, in a suit upon a written contract, to allege a consideration.
Flores v. Baca
, 1919-NMSC-053, 25 N.M. 424, 184 P. 532.
Express allegation of mortgagor's ownership.
— In foreclosure complaint, an express allegation of mortgagor's ownership of mortgaged premises was unnecessary; it was implied.
Franklin v. Harper
, 1926-NMSC-059, 32 N.M. 108, 252 P. 170;
Flores v. Baca
, 1919-NMSC-053, 25 N.M. 424, 184 P. 532.
Option agreement.
— Where option agreement was alleged to be in writing it was sufficient to withstand the attack of a motion to dismiss for failure to allege consideration.
Rubenstein v. Weil
, 1965-NMSC-137, 75 N.M. 562, 408 P.2d 140.
Contract which is not entirely in writing is regarded as an oral or verbal contract,
and a complaint in a suit upon such a contract, which fails to allege a consideration, is fatally defective.
Flores v. Baca
, 1919-NMSC-053, 25 N.M. 424, 184 P. 532.
Under this section, a draft imports a consideration.
First Nat'l Bank v. Home Ins. Co.
, 1911-NMSC-010, 16 N.M. 66, 113 P. 815.
"Import a consideration" construed.
— The language "import a consideration," as used in this section, means that in the absence of evidence on the point, it will be presumed that there was a sufficient consideration and the burden of proof on the question is on the party denying the existence of consideration.
Burt v. Horn
, 1982-NMCA-037, 97 N.M. 515, 641 P.2d 546.
A deed, being merely a specialized form of contract, consideration is imported
in the same manner and as fully as sealed instruments.
Rael v. Cisneros
, 1971-NMSC-073, 82 N.M. 705, 487 P.2d 133.
Adjustment of disputes is sufficient consideration.
— If disputes have arisen under a contract, and the parties thereto enter into a new contract as a means of adjusting such disputes, such adjustment of disputes is a sufficient consideration.
Burt v. Horn
, 1982-NMCA-037, 97 N.M. 515, 641 P.2d 546.
Instrument bearing evidence of lack of consideration destroys presumption.
— Where the instrument upon its face bears the evidence of its infirmity and lack of consideration, it without more furnishes the proof which destroys the presumption of consideration.
Burt v. Horn
, 1982-NMCA-037, 97 N.M. 515, 641 P.2d 546.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
17A Am. Jur. 2d Contracts § 121; 68 Am. Jur. 2d Seals § 11.
17 C.J.S. Contracts §§ 15, 72.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Sharing 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.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For the director of the administrative office of the courts,
see
34-9-1 NMSA 1978.
2023 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 10 - Court Interpreters › Section 38-10-8 - Oath of interpreter.

Every interpreter appointed pursuant to the provisions of the Court Interpreters Act, before entering upon his duties, shall take an oath that he will make a true and impartial interpretation or translation in an understandable manner using his best skills and judgment in accordance with the standards and ethics of the interpreter profession.
History:
Laws 1985, ch. 209, § 8.
ANNOTATIONS
Mandatory non-English speaking juror guidelines.
— In addition to administering the initial interpreter's oath to correctly interpret testimony, the trial court must, prior to excusing the jury for deliberations, administer an oath on the record in the presence of the jury instructing the interpreter not to participate in the jury's deliberations; the interpreter must be identified on the record by name and state whether he or she is certified, and whether he or she understands the instructions; the trial court must instruct the jury about the interpreter's role during deliberations; after deliberations, but before the verdict is announced, the trial court must ask the interpreter on the record whether he or she abided by the oath not to participate in deliberations and the interpreter's response must be made part of the record; at the request of any party the trial court must allow jurors to be questioned to the same effect; and the trial court must instruct the interpreter not to reveal any part of the jury deliberations until after the case is closed.
State v. Pacheco
, 2007-NMSC-009, 141 N.M. 340, 155 P.3d 745.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-3 - [Death of party after verdict.]

If either party to any suit shall die between verdict and judgment, the judgment shall be entered as if both parties were living.
History:
Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 14; C.L. 1884, § 2135-A; C.L. 1897, § 3074; Code 1915, § 3083; C.S. 1929, § 76-115; 1941 Comp., § 19-903; 1953 Comp., § 21-9-3.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-4 - [Entry of judgment; execution; motion for new trial.]

Judgment shall be entered and execution may be issued thereon unless a motion for a new trial is made within the time provided by law, and granted or continued during the term at which the case is tried.
History:
Laws 1897, ch. 73, § 135; C.L. 1897, § 2685(135); Code 1915, § 4228; C.S. 1929, § 105-844; 1941 Comp., § 19-904; 1953 Comp., § 21-9-4.
ANNOTATIONS
Cross references.
— For execution and foreclosure,
see
39-4-1 NMSA 1978 et seq.
For constitutional provision as to judgments against local officials,
see
N.M. Const., art. VIII, § 7.
For new trials,
see
Rule 1-059 NMRA.
For stay of proceedings to enforce a judgment,
see
Rule 1-062 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 Am. Jur. 2d Judgments §§ 131, 150; 58 Am. Jur. 2d New Trial §§ 476, 477, 481.
Motion for new trial as suspension or stay of execution or judgment, 121 A.L.R. 686.
Judgment as res judicata pending motion for a new trial or during the time allowed therefor, 9 A.L.R.2d 984.
What constitutes final judgment within provision or rule limiting application for new trial to specified period thereafter, 34 A.L.R.2d 1181.
Time for filing motion for new trial based on jury conduct occurring before, but discovered after, verdict, 97 A.L.R.2d 788.
Incompetence of counsel as ground for relief from state court civil judgment, 64 A.L.R.4th 323.
49 C.J.S. Judgments §§ 113, 115.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 1 - Judgments › Section 39-1-5 - [Judgments enforced; duty of judge.]

It shall be the duty of the judge of any court to cause judgment, sentence or decree of the court to be carried into effect, according to law.
History:
Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 16; C.L. 1884, § 1832; C.L. 1897, § 2878; Code 1915, § 1360; C.S. 1929, § 34-107; 1941 Comp., § 19-905; 1953 Comp., § 21-9-5.
ANNOTATIONS
Cross references.
— For supplementary judgment proceedings,
see
Rule 1-069 NMRA.
Plaintiff has right to enforce judgment
if it has not been superseded. The trial court has a duty to give effect to its judgment.
Prudential Ins. Co. of Am. v. Anaya
, 1967-NMSC-132, 78 N.M. 101, 428 P.2d 640.
Permanent injunction enforceable by the district court.
— In an action for negligence, inverse condemnation, injunctive relief and damages, where the parties jointly filed a motion for entry of stipulated permanent injunction and voluntary dismissal with prejudice, and where plaintiff filed suit against defendant, the New Mexico transportation department, seeking enforcement of the permanent injunction, the permanent injunction was a judgment enforceable by the district court and not subject to the arbitration clause contained within the settlement agreement, because despite being the product of a stipulation between the parties, the permanent injunction provided for continued court oversight, and the terms of the permanent injunction comported with the legal rationale supporting injunctive relief.
Allred v. N.M. Dep't of Transp.
, 2017-NMCA-019, cert. denied.
Law reviews.
— For article, "Tremors: Justice Scalia and Professor Clinton Re-Shape the Debate over the Cross-Boundary Enforcement of Tribal and State Judgments", see 34 N.M.L. Rev. 239 (2004).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 49 C.J.S. Judgments §§ 585, 586.