N.M. R. Crim. P. Dist. Ct. 5-111

As amended through November 1, 2024

Rule 5-111 - Record

A.Definition. As used in the Rules of Criminal Procedure, "record" shall mean:

(1) stenographic notes which must be transcribed when a "record" is required to be filed;

(2) a statement of facts and proceedings stipulated to by the parties for purpose of review; or

(3) any mechanical, electrical or other recording, including a videotape recording of any proceeding, including grand jury proceedings, when such method of mechanical, electrical or other recording has been approved by the court administrator.

B.Broadcast or reproduction. Except for the disclosures provided for in Rule 5-506, no broadcast or reproduction of any mechanical, electrical or other recording shall be made for any person other than an official of the court.

N.M. R. Crim. P. Dist. Ct. 5-111

Committee commentary. - The adoption of this rule provided the express authority for use of a tape recorded record. See e.g., State v. Lard, 86 N.M. 71, 519 P.2d 307 (Ct. App. 1974). In State ex rel. Moreno v. Floyd, 85 N.M. 699, 516 P.2d 670 (1973), the supreme court approved a tape recording as the record of a preliminary hearing for use by the defendant. See also, Rule 6-110 NMRA [now withdrawn].

ANNOTATIONS Rule pertains to district and magistrate courts. - This rule pertains equally to proceedings in district court and to preliminary examinations, pursuant to Rule 20 (see now Rule 5-302 NMRA), in magistrate courts. State ex rel. Moreno v. Floyd, 1973-NMSC-117, 85 N.M. 699, 516 P.2d 670 (decided prior to adoption of N.M.R. Crim. P. (Magis. Cts.)) Taped statement preserved for review held part of record. - Appellate review would be easier if the trial court had filed, as part of the court file, a written statement of its reasons for alteration of a basic sentence, but a taped statement preserved for review was part of the appellate record because it was included in the transcript. State v. Bernal, 1987-NMCA-075, 106 N.M. 117, 739 P.2d 986. Tape recording constitutes an adequate record of preliminary hearings in a magistrate court regardless of the fact that defendant's attorneys prefer a stenographic copy of these proceedings. State ex rel. Moreno v. Floyd, 1973-NMSC-117, 85 N.M. 699, 516 P.2d 670. No right to transcript without reason shown. - Petitioner's claim that he was entitled to a transcript so that he might search for a ground of relief was without merit since he had no right to obtain a transcript without some showing as to a reason therefor. Hines v. Baker, 309 F. Supp. 1017 (D.N.M. 1968 ), aff'd, 422 F.2d 1002 (10th Cir. 1970).