N.M. R. Evid. 11-604
An interpreter must be qualified and must give an oath or affirmation to make a true translation.
N.M. R. Evid. 11-604
Committee commentary. - The language of Rule 11-604 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.
See UJI 13-110B NMRA and UJI 14-6021 NMRA for the text of the oath to be given by the interpreter. See also State v. Pacheco, 2007-NMSC- 009, 141 N.M. 340, 155 P.3d 745, for the qualifications for an interpreter.
[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. The 1993 amendment, effective December 1, 1993, substituted "to make" for "that he will make" near the end of the rule. Compiler's notes. - This rule is similar to Rule 604 of the Federal Rules of Evidence.
For rules regarding testimony by experts, see Rules 11-702 to 11-706 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 81 Am. Jur. 2d Witnesses §§ 281, 708, 709. Disqualification, for bias, of one offered as interpreter of testimony, 6 A.L.R.4th 158. Ineffective assistance of counsel: use or nonuse of interpreter at prosecution of foreign language speaking defendant, 79 A.L.R.4th 1102. Sufficiency, under rules 603 and 604 of Federal Rules of Evidence, of wording of oath, affirmation, or other declaration made by witness, or proposed witness or by court, relating to truthfulness of witness' testimony, 127 A.L.R. Fed. 207. 23A C.J.S. Criminal Law § 1152; 88 C.J.S. Trial § 42.