N.M. R. Evid. 11-101

As amended through August 23, 2024
Rule 11-101 - Scope of rules

These rules govern proceedings in the courts of the State of New Mexico, to the extent and with the exceptions stated in Rule 11-1101.

N.M. R. Evid. 11-101

As amended, effective 12/1/1993.

ANNOTATIONS The 1993 amendment, effective December 1, 1993, deleted "and title" following "Scope" in the rule heading, deleted the Paragraph A designation and the paragraph heading "Scope of rules", and deleted Paragraph B which provided a short title and style of citation. Compiler's notes. - This rule is similar to Rule 101 of the Federal Rules of Evidence.

For applicability of New Mexico Rules of Evidence to criminal proceedings, see Rule 5-613 NMRA. Supreme court has exclusive power to regulate procedure. - Power of supreme court to promulgate rules regulating pleading, practice and procedure for district courts is vested by N.M. Const., art. VI, § 3, which grants supreme court superintending control over all inferior courts; absent the clearest language to the contrary in the constitution, powers essential to the functioning of the courts are to be taken as committed solely to the supreme court to avoid confusion in methods of procedure and to provide uniform rules of pleading and practice. Ammerman v. Hubbard Broadcasting, Inc., 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978). Rules of evidence procedural. - Rules of evidence are procedural in that they are a part of the judicial machinery administered by the courts for determining facts upon which substantive rights of the litigant rest and are resolved; they do no more than regulate the method of proceeding by which substantive rights and duties are determined. Ammerman v. Hubbard Broadcasting, Inc., 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354, cert. denied, 436 U.S. 906, 98 S. Ct. 2237, 56 L. Ed. 2d 404 (1978). Law reviews. - For article, "Rape Law: The Need for Reform," see 5 N.M.L. Rev. 279 (1975). For article, "The Admissibility of Scientific Evidence Under the New Mexico and Federal Rules of Evidence," see 6 N.M.L. Rev. 187 (1976). For comment, "Survey of New Mexico Law: Evidence," see 15 N.M.L. Rev. 311 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. - 29 Am. Jur. 2d Evidence § 1 et seq.