New Mexico Administrative Code › Title 7 - HEALTH › Chapter 3 - STATE MEDICAL INVESTIGATOR'S OFFICE › Part 2 - POLICIES OF THE OFFICE OF THE MEDICAL INVESTIGATOR › Section 7.3.2.15 - COURT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Citations and
				Regulations:
(1)
										24-11-8
				NMSA 1978: The state or district medical investigator shall promptly report his
				findings, or the findings of a deputy medical investigator that has performed
				an investigation under his direction, to the district attorney in each death
				investigated. Upon request of the district attorney, the state or district
				medical investigator shall send a complete record of the medical investigation
				in any case, including a transcript of the testimony of witnesses examined at
				any inquest.
(2) Memorandum #1790:
				9/30/82 from department of finance and administration, budget division,
				subject: expert witness fee guidelines: Expert witness fees are all expenses
				charged by a witness who is called for court testimony as a direct result of
				that persons' expertise or specialized skill. An expert witness is not a
				character witness or witness-of-fact. In most cases, the prosecution or the
				defense will call the expert witnesses; however, a judge may also occasionally
				choose to call an expert witness for testimony.
(a) The office of the medical investigator
				(OMI) is not to charge the state professional fees for consultation or
				testimony by its staff or faculty. However, it may charge mileage and per diem,
				or chartered plane costs as necessary. Therefore, the agency using OMI is
				responsible for notifying OMI immediately if a plea bargain or cancellation
				occurs to avoid unnecessary travel expenses to the state and inconvenience to
				OMI.
(b) An OMI faculty forensic
				pathologist will participate in all autopsies and will sign the report along
				with the resident who assisted in the autopsy. Therefore, either the resident
				or the faculty member may be subpoenaed to testify. The OMI would prefer to
				have the resident testify if he/she is still available as part of his/her
				training in forensic pathology. When preparing the subpoena, please contact OMI
				to determine if the resident is still with OMI. If the resident has left OMI,
				the supervising faculty member is to be subpoenaed for court testimony. Use of
				former OMI staff or faculty should only occur as a last resort.
(c) In general, the agency which calls the
				expert witness will be responsible for payment of the fees.
(d) Criminal proceedings:
(i) Criminal proceedings in district court:
				Whoever calls an expert witness shall pay the fees of that witness.
(ii) Preliminary hearings and bond
				arraignments in magistrate court: Whoever calls an expert witness shall pay the
				fees of that witness. Since the purpose of a preliminary hearing is to
				determine probable cause, and not determine guilt or innocence, the need for
				expert witnesses in magistrate court should be minimal.
(iii) Criminal grand jury proceedings:
				Whoever calls an expert witness shall pay the fees of that witness. The
				administrative office of the courts shall pay for any expert who is called
				specifically by the grand jury and who conducts an examination testimony at the
				direct request of the judge. Since the purpose of a grand jury is to determine
				probable cause, and not to determine guilt or innocence, the need for an expert
				witness in a Grand Jury proceeding should be minimal.