N.M. R. Civ. P. Magist. Ct. 2-601

As amended through November 1, 2024

Rule 2-601 - 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. At his own expense and for the purpose of preserving testimony, a party may cause a record, as defined in Rule 2-109 NMRA, to be made. The trial shall be conducted expeditiously, but each party shall be permitted to present his position amply and fairly.

C.Oath of witnesses. The magistrate shall administer the following oath to each witness: "You do solemnly swear (or affirm) that the testimony you give is the truth, the whole truth and nothing but the truth under penalty of perjury?"

D.Competence of court interpreter. Any party in interest or the court on its own motion may question the interpreter under oath as to the interpreter's fitness, competence or impartiality. If the judge finds that the interpreter is incompetent, partial or otherwise unfit, the interpreter shall be prohibited from acting as an interpreter during the hearing. Interpreters certified by the Administrative Office of the Courts are presumed competent.

N.M. R. Civ. P. Magist. Ct. 2-601

Approved, effective 10/1/1974; as amended by Supreme Court Order 07-8300-34, effective 1/22/2008.

Committee commentary. - This rule is meant to operate in reference to the Court Interpreters Act, Sections 38-10-1 to 38-10-8 NMSA 1978.

ANNOTATIONS The 2007 amendment, approved by Supreme Court Order 07-8300-34, effective January 22, 2008, added a new Paragraph D relating to the competency of court interpreters.

For Rules of Evidence, see Rule 11-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. - 17 Am. Jur. 2d Continuance § 1 et seq.; 81 Am. Jur. 2d Witnesses §§ 876, 877, 886, 888, 890, 891. Evidence contrary to scientific principles or laws of nature, 21 A.L.R. 141. Validity of proceedings as affected by taking evidence out of court, 43 A.L.R. 1516, 18 A.L.R.3d 572. Comparative value of positive and negative testimony, 98 A.L.R. 161. Time during or after civil trial at which court may entertain, or properly grant or deny, motion for continuance of trial, 112 A.L.R. 395. Right to continuance because counsel is in attendance at another court, 112 A.L.R. 593. Pendency of criminal prosecution as ground for continuance or postponement of civil action involving facts or transactions upon which prosecution is predicated, 123 A.L.R. 1453. Refreshment of recollection by use of memoranda or other writing, 125 A.L.R. 19, 82 A.L.R.2d 473. Distinction between positive and negative evidence, 140 A.L.R. 530. Appealability of order granting or refusing stay or continuance under Soldiers' and Sailors' Civil Relief Act because of military service of litigant, 34 A.L.R.2d 1149. Prejudicial effect, in civil case, of denial of continuance to call nonappearing witness whom adversary had been expected to call, 39 A.L.R.2d 1445. Illness of relative or member of family, party litigant's absence from civil case because of, as ground for continuance, 47 A.L.R.2d 1058. Counsel, withdrawal or discharge, in civil case as ground for continuance, 48 A.L.R.2d 1155. Counsel, absence because of attendance on legislature, 49 A.L.R.2d 1073. Bankruptcy proceedings, false oath or account as bar to discharge in, 59 A.L.R.2d 791. Illness or death of counsel, continuance of civil case because of, 67 A.L.R.2d 497. Illness or death of party, continuance of civil cases because of, 68 A.L.R.2d 470. Hostile sentiment or prejudice as ground for continuance in civil case, 68 A.L.R.2d 540. Soldiers' and Sailors' Civil Relief Act of 1940, as amended, as affecting negligence actions, 75 A.L.R.2d 1062. Consideration, in determining facts, of inadmissible hearsay evidence introduced without objection, 79 A.L.R.2d 890. Mental incompetency of defendant at time of action for annulment of marriage as ground for continuance, 97 A.L.R.2d 483. Admissions to prevent continuance sought to secure testimony of absent witness in civil case, 15 A.L.R.3d 1272. Modern status of rules governing legal effect of failure to object to admission of extrinsic evidence violative of parol evidence rule, 81 A.L.R.3d 249. Continuance of civil case as conditioned upon applicant's payment of costs or expenses incurred by other party, 9 A.L.R.4th 1144. 17 C.J.S. Continuances §§ 1 to 13; 88 C.J.S. Trial §§ 55 to 93; 98 C.J.S. Witnesses §§ 315 to 429.