N.M. R. Evid. 11-605

As amended through May 8, 2024
Rule 11-605 - Judge's competency as a witness

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.

N.M. R. Evid. 11-605

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 11-605 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 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, rewrote the title of the rule and the rule to make stylistic changes. Compiler's notes. - This rule is similar to Rule 605 of the Federal Rules of Evidence. Am. Jur. 2d, A.L.R. and C.J.S. references. - 81 Am. Jur. 2d Witnesses §§ 276 to 279. Judge as witness in case not on trial before him, 86 A.L.R.3d 633. Admissibility of hypnotic evidence at criminal trial, 92 A.L.R.3d 442, 77 A.L.R.4th 927. 4 C.J.S. Appeal and Error § 202 et seq.; 97 C.J.S. Witnesses §§ 105 to 114.