N.M. R. Evid. 11-506

As amended through August 23, 2024

Rule 11-506 - Communications to clergy

A.Definitions. For purposes of this rule,

(1) a "member of the clergy" is a minister, priest, rabbi, or similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting that person;

(2) a communication is "confidential" if made privately and not intended for further disclosure except to other persons in furtherance of the purpose of the communication.

B.Scope of the privilege. A person has a privilege to refuse to disclose, or to prevent another from disclosing, a confidential communication made for the purpose of seeking spiritual advice by the person to a member of the clergy.

C.Who may claim the privilege. The privilege may be claimed by

(1) the person who consults with a member of the clergy;

(2) the person's guardian or conservator; or

(3) the person's personal representative if the person is deceased.

The privilege may be asserted on the person's behalf by the member of the clergy. Authority to claim the privilege is presumed absent evidence to the contrary.

N.M. R. Evid. 11-506

As amended, effective 12/1/1993; as amended by Supreme Court Order No. 13-8300-025, effective for all cases pending or filed on or after12/31/2013.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-025, effective December 31, 2013, clarified the language of the rule; in Paragraph A, at the beginning of the introductory sentence, deleted "As used in" and added "For purposes of"; in Subparagraph (1), after "rabbi, or", deleted "other"; in Subparagraph (2), after "to other persons", deleted "present"; in Paragraph B, in the title, deleted "General rule of" and added "Scope of the", after "refuse to disclose", changed "and" to "or", after "confidential communication", added "made for the purpose of seeking spiritual advise", and after "member of the clergy", deleted "as a spiritual adviser"; in Paragraph C, deleted the former language which provided that the privilege could be claimed by the person making the communication, guardian, conservator, personal representative and by clergy on behalf of the person, and added the current introductory sentence, Subparagraphs (1) through (3), and the last two unlettered sentences. The 1993 amendment, effective December 1, 1993, substituted "clergy" for "clergymen" in the rule heading and made gender neutral and related changes throughout the rule. Am. Jur. 2d, A.L.R. and C.J.S. references. - 81 Am. Jur. 2d Witnesses §§ 291, 513, 515, 520, 521, 523. Priest-penitent privilege as applicable in nonjudicial proceeding or investigation, 133 A.L.R. 732. Who is "clergyman" or the like entitled to assert privilege attaching to communications to clergymen or spiritual advisers, 49 A.L.R.3d 1205. Matters to which the privilege covering communications to clergyman or spiritual adviser extends, 71 A.L.R.3d 794. Subject matter and waiver of privilege covering communications to clergy member or spiritual adviser, 93 A.L.R.5th 327. Who are "clergy" or like within privilege attaching to communications to clergy members or spiritual advisers, 101 A.L.R.5th 619. Communications to clergyman as privileged in federal proceedings, 118 A.L.R. Fed. 449. 97 C.J.S. Witnesses §§ 263, 303.