N.M. R. Crim. P. Dist. Ct. 5-404
If it appears by affidavit that the testimony of a person is material in any felony proceeding and that it may become impracticable to secure his presence by subpoena, the court may require such person to give bail for his appearance as a witness. If the witness is not in court, a warrant for his arrest may be issued and upon return thereof the court may require him to give bail as provided in Rule 5-401 for his appearance as a witness. If a witness fails to give bail, he may be committed to the custody of the sheriff for a period not to exceed five (5) days, within which time his deposition shall be taken as provided in Rule 5-503. The court upon good cause shown may extend the time for taking such depositions for an additional period not exceeding five (5) days. Only in a capital, first or second degree felony case shall any surety be required for the bail of a witness.
N.M. R. Crim. P. Dist. Ct. 5-404
Committee commentary. - The deposition of a material witness may be taken and can be introduced at trial pursuant to Rule 5-503.
The release of a material witness is handled generally in the same manner as one accused of an offense. There are two important exceptions: (1) the witness may not be held in custody for more than five (5) days, unless the time is extended to ten (10) days; and (2) unless the criminal offense charged is a capital, first or second degree felony, conditions may not be imposed which would require the witness to post a surety bond. See Section 31-3-7 NMSA 1978.
For bail for witnesses, see Section 31-3-7 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 1160, 1161, 1163 to 1167. 97 C.J.S. Witnesses §§ 6 to 16.