2021 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction
Part 1 - GENERAL PROVISIONS
Section 45-5A-106 - Taking testimony in another state.
A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in New Mexico for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony is to be taken.
B. In a guardianship or protective proceeding, a New Mexico court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A New Mexico court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
C. Except as otherwise provided by rules adopted by the New Mexico supreme court, documentary evidence transmitted from another state to a New Mexico court by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule.
History: 1978 Comp., § 45-5A-106, enacted by Laws 2011, ch. 124, § 67.
ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 67 effective January 1, 2012.
