N.M. R. Evid. 11-512

As amended through May 8, 2024

Rule 11-512 - Privileged matter disclosed under compulsion or without opportunity to claim privilege

A disclosure of a privileged matter is not admissible against a holder of the privilege when the disclosure

A. was compelled erroneously; or

B. was made without the opportunity to claim the privilege.

N.M. R. Evid. 11-512

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; at the beginning of the introductory sentence, deleted "Evidence of a statement of other" and added "A"; and after "holder of the privilege", deleted "if" and added "when". Claim of privilege by witness whose related conviction is pending appeal. - Where defendant and his wife were each charged with child abuse resulting in the death of defendant's stepson, the defendant's wife had been tried and convicted, and her conviction was being reviewed on appeal, the trial court had no authority to grant defendant's wife immunity from use against her of any testimony she gave at the defendant's trial. The grant of immunity to a witness is, absent prosecutorial misconduct, within the sole control of the prosecution. State v. Crislip, 1990-NMCA-054, 110 N.M. 412, 796 P.2d 1108, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358. Am. Jur. 2d, A.L.R. and C.J.S. references. - 81 Am. Jur. 2d Witnesses §§ 82, 117 to 120, 159 to 162. 98 C.J.S. Witnesses § 435 et seq.