§ RULE 2-601. CONDUCT OF TRIALS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 6 > RULE 2-601.

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, 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.