N.M. R. Rcdg. Jud. Proc. 22-303

As amended through May 8, 2024

Rule 22-303 - Audio recording of judicial proceedings

A.Official record. When an audio recording is authorized to be used for the creation of the official record of any judicial proceeding, the following procedures shall be followed by the certified court monitors in recording the proceedings, storing the recording and making copies of the recording.

(1) A separate master tape or other recording may be used for each case. The tape or other recording shall at all times be kept secure in the court clerk's office. If more than one case is to be included on a master tape or other recording, a cross-reference system shall be developed by the judicial district, which will assure that all proceedings in a case are easily located and available for purposes of an appeal or other judicial proceedings.

(2) On appeal, the master (original) recording and two (2) copies of the master recording and log shall be transmitted to the appropriate appellate court in accordance with the Rules of Appellate Procedure. One (1) copy shall be retained in the court file until final disposition of the case. The log shall be typewritten in accordance with the court monitors manual upon the filing of the notice of appeal and shall be filed with the district court clerk within ten (10) days after the filing of the notice of appeal.

(3) Upon final disposition of the appeal, the appellate court clerk may return the duplicates to the clerk of the district court for erasure and reuse.

B.Cases not appealed. If the case is not appealed, the clerk of the district court shall retain the master copy of the tape in a place and manner approved by the Supreme Court.

C.Minimum standards for audio recordings. When an audio recording is authorized to be used for the creation of the official record of any judicial proceeding, the audio cassette tapes, discs or other media used to store the recording, shall be compatible with equipment used by the courts.

N.M. R. Rcdg. Jud. Proc. 22-303

Adopted, effective 1/1/1983; as amended, effective 12/1/1993;2/16/2004.

ANNOTATIONS The 2003 amendment, effective February 16, 2004, substituted "audio recording" for "tapes" in the heading of the rule, and in Paragraph A substituted "an audio" for "a tape," "procedures" for "rules," "court" for "tape," and "recording" for "tapes" twice in the introductory paragraph, inserted "or other recording" in all three sentences and substituted "court clerk's office" for "case file in the district court clerk's file" in the second sentence of Subparagraph (1), substituted "recording" for "tape" twice in the first sentence of Subparagraph (2) and "may" for "shall" in Subparagraph (3), and in Paragraph C substituted "recordings" for "cassette tapes" in the introductory language and "an audio" for "a tape" and "discs or other media used to store the recording, shall be compatible with equipment used by" for "used in recording the proceeding shall meet the minimum standards approved by the administrative office of." The 1993 amendment, effective December 1, 1993, deleted "or required" following "authorized" near the beginning of Paragraphs A and C; substituted "certified tape monitors" for "courts" in Paragraph A; deleted "either" following "secure in" and "or in a locked file cabinet in the judge's office or chambers" following "file" in the first sentence of Subparagraph A(1); added the last sentence of Subparagraph A(2); and deleted former Subparagraph A(3)(a) which read "retain the master copy of the tape for storage in a place that will assure maximum life of the tape for historical purposes; and" and made related changes.