Section 38-6-7 – News sources and information; mandatory disclosure prohibited; definitions; special procedure for prevention of injustice issue.
A. Unless disclosure be essential to prevent injustice, no journalist or newscaster, or working associates of a journalist or newscaster, shall be required to disclose before any proceeding or authority, either: (1) the source of any published or unpublished information obtained in the gathering, receiving or processing of information for any medium of communication to […]
Section 38-6-8 – Witnesses with mental retardation; competency evaluation.
A. As used in this section: (1) “witness with mental retardation” means a witness in a proceeding whom the court has found after hearing, as provided in Subsection B of this section, to have mental retardation; and (2) “mental retardation” means substantial limitations in present functioning characterized by significantly subaverage intellectual functioning, existing concurrently with […]
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 […]
Section 38-6A-2 – Definitions.
As used in the Uniform Child Witness Protective Measures Act: A. “alternative method” means: (1) in a criminal proceeding in which a child witness does not give testimony in an open forum in full view of the finder of fact, a videotaped deposition of the child witness that complies with the following requirements: (a) the […]
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 […]
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 […]
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 […]
Section 38-5-16 – Challenge to jury array.
Any party to a civil action or defendant in a criminal action, at the opening of trial and before the empaneling of the jury is commenced, by motion to quash the jury array, may challenge the jury panel on the ground that the members thereof were not selected substantially in accordance with law. If the […]
Section 38-5-17 – [Verdict by ten or more jurors; polling jury.]
In civil causes when the jury, or as many as ten of them, have agreed upon a verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by their foreman; the verdict must be in writing, signed by the foreman, and must be read by the clerk to […]