N.M. R. Mun. Ct. P. 8-601

As amended through November 1, 2024

Rule 8-601 - Conduct of trials

A.Continuances. Continuances shall be granted for good cause shown at any stage of the proceedings.

B.Evidence. Evidence shall be admitted in accordance with the New Mexico Rules of Evidence. The trial shall be conducted expeditiously, but each party shall be permitted to present the position of that party amply and fairly.

C.Oath of witnesses. The municipal court shall administer an oath or affirmation to each witness substantially in the following form: "Do you solemnly swear or affirm that the testimony you give is the truth, the whole truth, and nothing but the truth, under penalty of perjury?"

N.M. R. Mun. Ct. P. 8-601

As amended, effective 9/2/1997; as amended by Supreme Court Order No. 05-8300-005, effective 3/21/2005; as amended by Supreme Court Order No. 16-8300-021, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-021, effective December 31, 2016, deleted Paragraphs D through H, relating to the "Record of proceedings", their use at trial, copies of the record of proceedings, and the definition of "record". The 2005 amendment, effective March 21, 2005, revised Paragraph C to add "or affirmation", revised Paragraph D to change "transcription" to "record", revised Paragraph E to delete the reference to Rule 1-032 NMRA of the Rules of Civil Procedure for the District Courts and the out-dated reference to Paragraph N of Rule 5-503 of the Rules of Criminal Procedure for the District Courts, added a new Paragraph F, relating to the form of record, added a new Paragraph G, relating to audio and video copies of court proceedings and added a new Paragraph H, the definition of record. The 1997 amendment, effective September 2, 1997, substituted "Transcription of proceeding" for "Record" in the paragraph heading in Paragraph D and rewrote Paragraph D, which read "A party may cause a record, as defined in Rule 8-109, to be made of the proceeding at the expense of the party". Am. Jur. 2d, A.L.R. and C.J.S. references. - 17 Am. Jur. 2d Continuance § 1 et seq. Refusal of continuance in criminal trial, asked for on account of occurrences during trial, as abuse of discretion, 5 A.L.R. 914. Right to continuance to procure witness to alibi, 41 A.L.R. 1530. Right of attorney to have case continued to protect his compensation, 67 A.L.R. 42. Right to continuance because counsel is in attendance at another court, 112 A.L.R. 593. Physical condition or conduct of party, his family, friends, or witnesses during trial, tending to arouse sympathy of jury, as ground for continuance or mistrial, 131 A.L.R. 323. Right of accused to continuance because of absence of witness who is fugitive from justice, 42 A.L.R.2d 1229. Continuance of criminal case because of illness or death of counsel, 66 A.L.R.2d 267. Admissions to prevent continuance sought to secure testimony of absent witness in criminal case, 9 A.L.R.3d 1180. Withdrawal, discharge, or substitution of counsel in criminal case as ground for continuance, 73 A.L.R.3d 725. 75 Am. Jur. 2d Trial § 180 et seq. 23A C.J.S. Criminal Law § 1145 et seq.