US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2021 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Section 38-6-1 to 38-6-3 – Repealed.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 — Laws 1981, ch. 115, § 1, repealed 38-6-1 through 38-6-3 NMSA 1978, relating to the issuance and service of subpoenas against witnesses, effective March 21, 1981.

Section 38-6-4 – Per diem and mileage for witnesses.

A. Witnesses shall be allowed no fees for services, but shall receive per diem expense and mileage at the rate specified for nonsalaried public officers as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for that time in which attendance is required, with certification of the clerk of the court. […]

Section 38-6-5 – Repealed.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 — Laws 1981, ch. 115, § 1, repealed 38-6-5 NMSA 1978, relating to mileage and per diem expenses for witnesses and fixing trial dates for criminal cases, effective March 21, 1981.

Section 38-6-6 – Privileged communications.

A. No husband shall be compelled to disclose any communication made by his wife during the marriage, and no wife shall be compelled to disclose any communication made to her by her husband during the marriage. B. An attorney cannot, without the consent of his client, be examined as to any communication made by the […]

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shall be required to disclose before any proceeding or authority, either: (1) the source of any published or unpublished information obtained in the gathering, receiving or processing of information for any medium of communication to […]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 […]