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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]