N.M. R. Child. Ct. 10-234

As amended through May 8, 2024

Rule 10-234 - Videotaped depositions; testimony of certain minors who are victims of sexual offenses

A.Videotaped depositions. Upon motion, and after notice to opposing counsel, at any time after the filing of a petition in a children's court delinquency proceeding alleging criminal sexual penetration or criminal sexual contact on a child under sixteen (16) years of age, the children's court may order the taking of a videotaped deposition of the victim, upon a showing that the child may be unable to testify without suffering unreasonable and unnecessary mental or emotional harm. The children's court judge must attend any deposition taken pursuant to this paragraph and shall provide such protection of the child as the judge deems necessary.

B.Use of videotaped depositions. At the adjudicatory hearing of a child charged with criminal sexual penetration or criminal sexual contact on a child under sixteen (16) years of age, any part or all of the videotaped deposition of a child under sixteen (16) years of age taken pursuant to Paragraph A of this rule, may be shown to the children's court judge or the jury and admitted as evidence as an additional exception to the hearsay rule of the Rules of Evidence if:

(1) the child is unable to testify before the court without suffering unreasonable and unnecessary mental or emotional harm;

(2) the deposition was presided over by a children's court judge and the child was present and was represented by counsel or waived counsel; and

(3) the child was given an adequate opportunity to cross-examine the child, subject to such protection of the child as the judge deems necessary.

C.Other uses. In addition to the use of a videotaped deposition as permitted by Paragraph B of this rule, a videotaped deposition may be used in a delinquency proceeding if permitted by the Rules of Evidence.

N.M. R. Child. Ct. 10-234

As amended, effective 1/1/2001; Rule 10-217 NMRA, recompiled and amended Rule 10-234 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

Committee commentary. - Rule 10-234 NMRA is almost identical to Rule 5-504 NMRA of the Rules of Criminal Procedure for the District Courts. See the commentary to that rule for a discussion of the history of that rule.

[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted "delinquency proceedings" from the title; and in Paragraph C, changed "used for any of the reasons set forth in Paragraph N of Rule 10-216 NMRA" to "used in a delinquency proceeding if permitted by the Rules of Evidence". The 2000 amendment, effective January 1, 2001, inserted "delinquency proceeding" following "children's court" in the first sentence of Paragraph A and substituted "child" for "respondent" and "sixteen (16)" for "thirteen (13)" throughout the rule. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-217 NMRA was recompiled as Rule 10-234 NMRA, effective January 15, 2009.