N.M. R. Crim. P. Magist. Ct. 6-601

As amended through November 1, 2024

Rule 6-601 - Conduct of trials

A.Continuances. Continuances shall be granted for good cause shown at any stage of the proceedings.

B.Evidence. Evidence shall be admitted in accordance with the New Mexico Rules of Evidence. The trial shall be conducted expeditiously, but each party shall be permitted to present the position of that party amply and fairly.

C.Oath of witnesses. The court shall administer an oath or affirmation to each witness substantially in the following form: "Do you solemnly swear or affirm that the testimony you give is the truth, the whole truth, and nothing but the truth, under penalty of perjury?"

D.Competence of court interpreter. Any party in interest or the court on its own motion may question the interpreter under oath as to the interpreter's fitness, competence, or impartiality. If the judge finds that the interpreter is incompetent, partial, or otherwise unfit, the interpreter shall be prohibited from acting as an interpreter during the hearing. Interpreters certified by the Administrative Office of the Courts are presumed competent.

N.M. R. Crim. P. Magist. Ct. 6-601

As amended, effective 10/1/1996;9/2/1997;3/21/2005; as amended by Supreme Court Order No. 07-8300-034, effective 1/22/2008; as amended by Supreme Court Order No. 16-8300-021, effective for all cases pending or filed on or after12/31/2016.

Committee commentary. - This rule is meant to operate in reference to the Court Interpreters Act, 38-10-1 to 38-10-8 NMSA 1978.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-021, effective December 31, 2016, deleted Paragraphs D through H, relating to the "Record of proceedings", their use at trial, copies of the record of proceedings, and the definition of "record"; and redesignated former Paragraph I as Paragraph D. The 2007 amendment, approved by Supreme Court Order No. 07-8300-034, effective January 22, 2008, added Paragraph I providing for questioning of court interpreters. The 2005 amendment, effective March 21, 2005, revised Paragraph C to add "or affirmation", revised Paragraph D to change "transcription" to "record", revised Paragraph E to delete the reference to Rule 1-032 NMRA of the Rules of Civil Procedure for the District Courts and the out-dated reference to Paragraph N of Rule 5-503 of the Rules of Criminal Procedure for the District Courts, added a new Paragraph F, relating to the form of record, added a new Paragraph G, relating to audio and video copies of court proceedings and added a new Paragraph H, the definition of record. The 1997 amendment, effective September 2, 1997, added present Paragraph D. The 1996 amendment, effective October 1, 1996, deleted former Paragraph D relating to a record of the proceeding.

For certification of court interpreters, see Section 38-10-5 NMSA 1978. For court interpreters code of responsibility, see Rule 23-111 NMRA. For interpreter oath, see Rule 13-212 NMRA. For court interpreter pre-deliberation instruction to jury, see Rule 14-6022 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 75 Am. Jur. 2d Trial § 180 et seq. 23A C.J.S. Criminal Law § 1145 et seq.