N.M. Stat. § 38-6A-6

Current through 2024, ch. 69
Section 38-6A-6 - Factors for determining whether to permit alternative 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 in doing so shall consider:

A. alternative methods reasonably available for protecting the interests of or reducing mental or emotional harm to the child;
B. available means for protecting the interests of or reducing mental or emotional harm to the child without resort to an alternative method;
C. the nature of the case;
D. the relative rights of the parties;
E. the importance of the proposed testimony of the child;
F. the nature and degree of mental or emotional harm that the child may suffer if an alternative method is not used; and
G. any other relevant factor.

NMS § 38-6A-6

Laws 2011, ch. 98, § 6.
Added by 2011, c. 98,s. 6, eff. 7/1/2012.