2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 1 - General Provisions
Section 34-1-3 - Sworn answer in contempt proceedings; evidence.]

Universal Citation: NM Stat § 34-1-3 (2018)
34-1-3. Sworn answer in contempt proceedings; evidence.]

In all proceedings for contempt of court in the state, the common-law rule discharging the contemnor upon the filing of a sworn answer denying the acts of contempt charged, shall hereafter not be in force, but in any such proceeding evidence may be introduced by both parties upon any controverted point, and the court shall decide such point upon the evidence.

History: Laws 1915, ch. 44, § 1; C.S. 1929, § 34-330; 1941 Comp., § 16-103; 1953 Comp., § 16-1-3.


Cross references. — For applicability of Rules of Evidence to contempt proceedings, see Paragraph B of Rule 11-1101 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 17 Am. Jur. 2d Contempt § 204 et seq.

Privilege of defendant in contempt proceeding as to testifying against himself, 54 A.L.R. 1436.

Sufficiency of notice to, or service upon, contemnor's attorney in civil contempt proceedings, 60 A.L.R.2d 1244.

Who may institute civil contempt proceedings, 61 A.L.R.2d 1083.

Admissibility, in contempt proceeding against witness, of evidence of incriminating nature of question as to which witness invoked privilege against self-incrimination, 88 A.L.R.2d 463.

Defense of entrapment in contempt proceedings, 41 A.L.R.3d 418.

17 C.J.S. Contempt § 83 et seq.

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