Chapter 38 — Chapter 38

A married woman shall sue and be sued as if she were unmarried. History: Laws 1897, ch. 73, § 8; C.L. 1897, § 2685 (8); Code 1915, § 4075; C.S. 1929, § 105-109; 1941 Comp., § 19-606; 1953 Comp., § 21-6-6.

An infant who has been lawfully married, may institute, prosecute to judgment or defend any action against his spouse in his own name without a guardian or next friend. History: Laws 1897, ch. 73, § 9; C.L. 1897, § 2685 (9); Code 1915, § 4080; Laws 1921, ch. 34, § 1; C.S. 1929, §…

Any person who acts as next friend for an infant in any suit to recover any personal property, debt or damages, shall, if required by the court, execute a bond to such infant in double the amount claimed in such suit, with such sureties as shall be approved by the court, conditio…

The guardian, conservator or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law. History: Laws 1897, ch. 73, § 12; C.L. 1897, § 2685 (12)…

A. A person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened is eligible and may be summoned for service as a juror by the courts, unless the person is incapable of rendering jury serv…

Upon drawing a list of jurors for grand jury or petit jury service, the clerk shall issue a summons for each juror ordering his attendance at a time and place as fixed by the district judge or magistrate ordering the drawing. The summons may be served by first class mail or in a …

A. A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror: (1) has not previously been granted a postponement; and (2) agrees to a future da…

A. The court shall empanel jurors in a random manner. The judge or the judge's designee shall preside over the empaneling of a petit jury panel. The district judge or the judge's designee shall preside over the empaneling of the grand jury panel. Jurors who appear for service sha…

time for summoning. A. The judge shall determine the number of jurors to be summoned for service, the date and time for the appearance of jurors for qualification, the number of jurors to be qualified to provide panels of jurors for trial service and the size of trial jury panels…

The district court of each county shall maintain a list of the names of the jurors duly empaneled and present for the trial of a case. The judge shall cause the names to be randomly selected until sufficient names have been drawn to provide the number of jurors required for the t…

The court shall permit the parties to a case to express in the record of trial any challenge to a juror for good cause. The court shall rule upon the challenge and may excuse any juror for good cause. Challenges for good cause and peremptory challenges shall be made outside the h…

Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. …

Any party to a civil action or defendant in a criminal action, at the opening of trial and before the empaneling of the jury is commenced, by motion to quash the jury array, may challenge the jury panel on the ground that the members thereof were not selected substantially in acc…

In civil causes when the jury, or as many as ten of them, have agreed upon a verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by their foreman; the verdict must be in writing, signed by the foreman, and must be read by the cler…

service. A. An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service. B. An employer shal…

An employer, either individually or through his agent, who violates Section 1 [38-5- 18 NMSA 1978] of this act is guilty of a petty misdemeanor. History: Laws 1979, ch. 47, § 2. ARTICLE 6 Witnesses and Their Competency 38-6-1 to 38-6-3. Repealed.

disqualified juror. A. A person who has served as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months shall be exempt from sitting or serving as a juror in a court of this state when the person requests to be exe…

A. Each county clerk shall make available to the secretary of state a database of registered voters of the clerk's county. The secretary of state shall preserve and make available to the department of information technology, by electronic media, a database of New Mexico registere…

ANNOTATIONS Repeals. — Laws 1989, ch. 366, § 2 repealed 38-5-3.1 NMSA 1978, as enacted by Laws 1983, ch. 107, § 1, relating to the juror selection pilot program in the thirteenth judicial district, effective June 16, 1989.

ANNOTATIONS Repeals. — Laws 1991, ch. 71, § 8 repealed 38-5-4 NMSA 1978, as enacted by Laws 1969, ch. 222, § 4, relating to jury wheels, effective April 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

Jury tampering consists of: A. the willful placing of names in a jury wheel or removal of the names other than in accordance with law; B. the selection or drawing of jurors other than in accordance with law; C. the attempt to threaten, coerce or induce a trial juror to vote for a…

It is the policy of this state that all qualified citizens have an obligation to serve on juries and to give truthful information concerning attitudes, opinions and feelings about topics relevant to the proceeding for which they are called to serve when summoned by the courts of …

A. Witnesses shall be allowed no fees for services, but shall receive per diem expense and mileage at the rate specified for nonsalaried public officers as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] for that time in which attendance is required, with ce…

ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-6-5 NMSA 1978, relating to mileage and per diem expenses for witnesses and fixing trial dates for criminal cases, effective March 21, 1981.

A. No husband shall be compelled to disclose any communication made by his wife during the marriage, and no wife shall be compelled to disclose any communication made to her by her husband during the marriage. B. An attorney cannot, without the consent of his client, be examined …

prohibited; definitions; special procedure for prevention of injustice issue. A. Unless disclosure be essential to prevent injustice, no journalist or newscaster, or working associates of a journalist or newscaster, shall be required to disclose before any proceeding or authority…

competency evaluation. A. As used in this section: (1) "witness with a developmental or intellectual disability" means a witness in a proceeding whom the court has found after hearing, as provided in Subsection B of this section, to have a developmental or intellectual disability…

This act [38-6A-1 to 38-6A-9 NMSA 1978] may be cited as the "Uniform Child Witness Protective Measures Act". History: Laws 2011, ch. 98, § 1.

As used in the Uniform Child Witness Protective Measures Act: A. "alternative method" means: (1) in a criminal proceeding in which a child witness does not give testimony in an open forum in full view of the finder of fact, a videotaped deposition of the child witness that compli…

A. The Uniform Child Witness Protective Measures Act applies to the testimony of a child witness in a criminal or noncriminal proceeding. However, the Uniform Child Witness Protective Measures Act does not preclude, in a criminal or noncriminal proceeding, any other procedure per…

A. The presiding officer in a criminal or noncriminal proceeding may order a hearing to determine whether to allow a child witness to testify by an alternative method. The presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness or …

testify by alternative method. A. In a criminal proceeding, the presiding officer may allow a child witness to testify by an alternative method in the following situations: (1) the child may testify otherwise than in an open forum in the presence and full view of the finder of fa…

method. If the presiding officer determines that a standard pursuant to Section 5 [38-6A-5 NMSA 1978] of the Uniform Child Witness Protective Measures Act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method and …

A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the presiding officer's determination. B. An order allowing a child witness to testify by an alternative method shall: (1) …

An alternative method ordered by the presiding officer shall permit a full and fair opportunity for examination or cross-examination of the child witness by each party, subject to such protection of the child witness as the presiding officer deems necessary. History: Laws 2011, c…

In applying and construing the Uniform Child Witness Protective Measures Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2011, ch. 98, § 9.

Except as provided in the Uniform Commercial Code [Chapter 55 NMSA 1978], accounts duly verified by the oath of the party claiming the same, or his agent, and promissory notes and other instruments in writing, not barred by law, are sufficient evidence in any suit to enable the p…

Every contract in writing hereafter made shall import a consideration in the same manner and as fully as sealed instruments have heretofore done. History: Laws 1901, ch. 62, § 12; Code 1915, § 2181; C.S. 1929, § 45-608; 1941 Comp., § 20-208; 1953 Comp., § 20-2-8.

Any abstract of the title to real estate, located in the state of New Mexico, certified to as correct by the secretary, and under the seal of any title abstract company, incorporated and doing business under the laws of the state, or by an individual bonded abstracter, shall be r…

Any officer of such company, who shall certify to any such abstract that it is true and correct, knowing the same to be false, or any person who shall forge the name of any such officer, or the seal of any such company, shall, upon conviction, be deemed guilty of a felony, and be…

documents.] Where an order has been made by the court or a judge in a foreign state, territory or country, or stipulation has been entered into, or a notice given pursuant to the practice in such state, territory or country for the taking of the deposition of a witness within thi…

In case any witness shall refuse or fail to appear, be sworn or affirmed, and answer such questions as may be put to him, he may be proceeded against in the same manner and to the same extent as if such witness were testifying in a cause being tried before the district court; but…

The giving of false testimony before such judge, commissioner or notary shall be punished in the same manner and to the same extent as if given before the court upon the trial of a cause in the district court. History: Laws 1907, ch. 84, § 3; Code 1915, § 2162; C.S. 1929, § 45-30…

Chapter 38, Article 9 NMSA 1978 may be cited as the "Deaf Interpreter Act". History: Laws 1979, ch. 263, § 1; 2007, ch. 23, § 1.

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and the deaf person could not be compelled to testify as to the communications, the privilege shall apply to the interpreter as well. Hist…

As used in the Deaf Interpreter Act: A. "appointing authority" means the presiding judge or magistrate of any court and the hearing officer or other person authorized to administer oaths in any administrative proceeding before a board, commission, agency, institution, department …

If a deaf person who is a principal party in interest has provided notice and proof of disability, if required, pursuant to Section 38-9-6 NMSA 1978, the appointing authority shall appoint an interpreter, after consultation with the deaf person, to interpret or to translate the p…

A deaf person who is a principal party in interest may at any point in any proceeding waive the right to the services of an interpreter. History: Laws 1979, ch. 263, § 4.

Whenever any deaf person is requesting or receiving services from any health, welfare or educational agency under the authority of the state or any political subdivision of the state or municipality, an interpreter may be appointed to interpret or translate the actions of any per…

Every deaf person whose appearance at a proceeding entitles the person to an interpreter shall notify the appointing authority of the person's disability at least two weeks prior to any appearance and shall request the services of an interpreter. An appointing authority may requi…