§ RULE 1-043. EVIDENCE

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 6 > RULE 1-043.

RULE 1-043. EVIDENCE

A. Taking of Testimony. In all trials the testimony of witnesses shall be taken orally in open court unless otherwise provided by these or other rules.

B. When Testimony at Another Trial Can Be Used. The testimony of any witness taken in any court, state or federal, in this state may be used in any subsequent trial or hearing of the same issued between the same parties in the following cases:

(1) when the witness is dead or insane;

(2) when the witness is a nonresident of this state;

(3) when after diligent effort the whereabouts of witnesses cannot be ascertained.

This rule is not intended to be exclusive and nothing herein contained shall be construed to require the courts to exclude evidence admissible under the New Mexico Rules of Evidence.

C. Evidence on Motions. When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.