N.M. R. Child. Ct. 10-141
The New Mexico Rules of Evidence shall govern all proceedings in the children's court, except as otherwise provided by law.
N.M. R. Child. Ct. 10-141
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted "Except as otherwise provided by these rules" and added "except as provided by law". Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-115 NMRA was recompiled as Rule 10-141 NMRA, effective January 15, 2009.
Cross references. - For Rules of Evidence, see Rule 11-101 NMRA et seq. Expert witness. - A state police narcotics agent who had conducted 200 to 300 similar tests, 80 of which had been used in various cases, preliminary hearings and children's cases not involving felonies, was sufficiently expert to qualify for purposes of delinquency petitions involving marijuana offense which would have been a misdemeanor if committed by an adult. Doe v. State, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248. Manifestation of belief in truth of statement. - A children's court judge could properly hold that a child manifested a belief in the truth of statements, made by two sons of the owner of a pickup, that he was trying to rip a CB radio out of the same, where the child admitted that he was caught running and more or less admitted that he was in the pickup. State v. Doe, 1977-NMCA-078, 91 N.M. 92, 570 P.2d 923. Statements made without advice of counsel. - A child's statements manifesting the truth of the accusers' claims, but made to the police after being taken into custody without the benefit of the advice of counsel, were inadmissible under former 32-1-27 NMSA 1978. State v. Doe, 1977-NMCA-078, 91 N.M. 92, 570 P.2d 923. Law reviews. - For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. - 47 Am. Jur. 2d Juvenile Courts §47. Use of judgment in prior juvenile court proceeding to impeach credibility of witness, 63 A.L.R.3d 1112. Applicability of rules of evidence to juvenile transfer, waiver, or certification hearings, 37 A.L.R.5th 703. 43 C.J.S. Infants § 47.