N.M. R. Rcdg. Jud. Proc. 22-201

As amended through August 23, 2024

Rule 22-201 - Licensing of court reporters and monitors; power to administer oaths

A.Court reporters. Except as provided in Paragraph C of this rule, no person shall engage in court reporting services in this state unless such person is licensed as a New Mexico certified court reporter issued either by the New Mexico Supreme Court or by the Board Governing the Recording of Judicial Proceedings.

B.Waiver of examination. Any applicant for a license as a certified court reporter may be granted a license by the board without an examination upon a showing that the court reporter is a holder of a valid National Court Reporters Association registered professional reporter certification.

C.Court monitors. If a trial or hearing is recorded by an audio recording device, such proceedings shall be recorded by a court monitor who is certified as qualified by the Board Governing the Recording of Judicial Proceedings. In such cases, that recording shall serve as the transcript unless otherwise ordered by the court.

D.Oath. Certified court reporters may administer oaths to witnesses in judicial proceedings anywhere in this state.

N.M. R. Rcdg. Jud. Proc. 22-201

As amended, effective 12/1/1993;3/15/1995;2/16/2004; as amended by Supreme Court Order No. 08-8300-50, effective 12/31/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-50, effective December 31, 2008, deleted former Subparagraph (1) of Paragraph B which required an applicant to show that the court reporter has been engaged in the full time practice of court reporting for 3 years prior to applying for a license. The 2003 amendment, effective February 16, 2004, substituted "licensing" for "certification" and "monitors; power to administer oaths" for "tape monitors" in the heading of the rule, in Paragraph A substituted "Paragraph C" for "Paragraph B" and "court reporting services in this state" for "the verbatim reporting or recording of judicial proceedings" and deleted the former last sentence concerning the administration of oaths presently set forth in Paragraph D, deleted former Paragraph B concerning certification of judicial proceedings, redesignated former Paragraphs C and D as present Paragraphs B and C, substituted "for a license as a certified court reporter may be granted a license by the board without an examination upon a showing that the court reporter" for "who" in the introductory paragraph and "registered professional reporter certification" for "proficiency certification may be granted a license by the board or the Supreme Court without a certification examination" in Subparagraph (2) of Paragraph B, inserted "court" in the introductory language and substituted "if a trial or hearing is recorded by an audio recording device" for "whenever judicial proceedings, or other proceedings specifically ordered by the court, are recorded by some audio recording device" in the first sentence of Paragraph C, and added Paragraph D. The 1995 amendment, effective March 15, 1995, in Pararaph B, deleted "or recordings" following "transcripts" and deleted "or certified court monitor" following "reporter" in the first sentence, and substituted "is" for "shall be" in the last sentence; and rewrote Paragraphs C(1) and C(2). The 1993 amendment, effective December 1, 1993, in Paragraph A, rewrote the first sentence and added the last sentence; in Paragraph B, rewrote the first sentence, added the second sentence, and deleted the former last sentence which read "This rule shall not apply to depositions taken and transcribed outside of New Mexico"; in Paragraph C, made stylistic changes, deleted "out of the last four (4)" preceding "years" near the middle and inserted "New Mexico Supreme" near the end of Subparagraph C(1), substituted "is a holder of a valid registered professional reporter certificate obtained through testing" for "received a certificate of proficiency", inserted "valid", substituted "Court" for "Shorthand", deleted "out of the last four (4)" preceding "years", and substituted "may" for "shall", all in Subparagraph C(2); and in Paragraph D, inserted "judicial", "or other proceedings specifically ordered by the court" and "audio" near the beginning, substituted "such proceedings shall be recorded" for "such recordings shall be the transcript or deposition" near the middle, and added the last sentence.

For creation of board governing the Recording of Judicial Proceedings, see Rule 22-401 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 82 C.J.S. Stenographers § 9.