[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]
N.M. R. Child. Ct. 10-340
Committee commentary. - This rule is intended to supplement the Uniform Child Witness Protective Measures ct, NMS 1978, §§38-6-1 to -9. The rule provides standards for requesting and permitting an alternative method for a child to testify in an abuse and neglect proceeding. In considering the request, the court must balance the needs of the child ("to serve the best interests of the child or enable the child to communicate with the court") with the due process rights of the parties ("no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order"). See also In re Pamela .G., 2006-NMSC-018, & 18, 139 N.M. 459, 134 P.3d 746 ("[T]rial judges should explore alternatives for the questioning of a child in order to help the fact-finder test the reliability of the child's statements while also protecting the child's emotional state.").
[Approved by Supreme Court Order No. 16-8300-017, effective for all cases filed and pending on or after December 31 2016.]