N.M. R. Evid. 11-1001

As amended through November 1, 2024

Rule 11-1001 - Definitions that apply to this article

In this article

A. A "writing" consists of letters, words, numbers, or their equivalent set down in any form.

B. A "recording" consists of letters, words, numbers, or their equivalent recorded in any manner.

C. A "photograph" means a photographic image or its equivalent stored in any form.

D. An "original" of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, "original" means any printout - or other output readable by sight - if it accurately reflects the information. An "original" of a photograph includes the negative or a print from it.

E. A "duplicate" means a counterpart produced by a mechanical, photographic, chemical, electronic, or other equivalent process or technique that accurately reproduces the original.

N.M. R. Evid. 11-1001

As amended, effective 4/1/1976; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after6/16/2012.

Committee commentary. - The language of Rule 11-1001 NMRA was amended in 2012 to be consistent with the restyling of the Federal Rules of Evidence, effective December 1, 2011, to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

[Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.]

ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012, modified the title of the rule and rewrote the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 1001 of the Federal Rules of Evidence. Use of photographic evidence. - When photographic evidence is sought to be admitted under the "silent witness" theory, the evidence must be properly authenticated and must be relevant, and its probative value must outweigh any unfair prejudice which may result. State v. Henderson, 1983-NMCA-094, 100 N.M. 260, 669 P.2d 736. To clarify and illustrate evidence. - Photographs are relevant and admissible for the purpose of clarifying and illustrating testimony. State v. Gilbert, 1983-NMSC-083, 100 N.M. 392, 671 P.2d 640, cert. denied, 465 U.S. 1073, 104 S. Ct. 1429, 79 L. Ed. 2d 753. Cumulative photographs corroborating other evidence admissible. - Photographs are properly admitted if they serve to corroborate other evidence even though they may be cumulative. State v. Hutchinson, 1983-NMSC-029, 99 N.M. 616, 661 P.2d 1315. Court determines whether photograph raises jury's passions and prejudices. - The issue of whether a photograph raises the passions and prejudices of the jury is largely one of discretion to be exercised by the trial court. State v. Hutchinson, 1983-NMSC-029, 99 N.M. 616, 661 P.2d 1315. Utilization of sound recordings as evidence is accepted by New Mexico Rules of Evidence. State Dep't of Motor Vehicles v. Gober, 1973-NMSC-082, 85 N.M. 457, 513 P.2d 391. Law reviews. - For article, "Survey of New Mexico Law, 1979-80: Evidence," see 11 N.M.L. Rev. 159 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. - Admissibility of computer generated animation, 111 A.L.R.5th 529.