New Mexico § 38-6A-6 Factors for determining whether to permit alternative

New Mexico Statutes

§ 38-6A-6 — Factors for determining whether to permit alternative

New Mexico § 38-6A-6

Ch. 38Trials

Art. 6AUniform Child Witness Protective Measures

This text of New Mexico § 38-6A-6 (Factors for determining whether to permit alternative) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 38-6A-6 (2026).

Text

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 me

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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.