N.M. R. Rcdg. Jud. Proc. 22-301

As amended through November 1, 2024

Rule 22-301 - Recording of judicial proceedings; transcripts

A.Certification. Transcripts of all judicial proceedings shall be signed and certified by a New Mexico certified court reporter or court monitor. The certified court reporter or court monitor who physically reports a judicial proceeding shall sign and include the court reporter's or court monitor's certification number on the original transcript of the judicial proceeding. The form of certification required is established by the Board Governing the Recording of Judicial Proceedings.

B.Transcripts. Except as provided in these rules, certified court reporters shall stenographically report the record of judicial proceedings. If a transcript is requested or designated, a certified court reporter licensed by the board under Rule 22-202 NMRA shall transcribe, process, bill for, certify and deliver the record of all judicial proceedings, unless:

(1) the district court has insufficient funds in its budget to pay for stenographic transcripts in indigent cases as determined by the chief judge; or

(2) a certified court reporter is not available.

If the district court does not have sufficient funds to pay for transcripts in indigent cases, such cases may be recorded by a recording device used by the courts. In non-indigent criminal cases, the court reporter may stenographically report the proceedings at the request of counsel and district court approval. All other taped or audio recorded judicial proceedings may be stenographically reported at the request of counsel and approval of the district court judge. If the district judge has appointed a court monitor, the record of all judicial proceedings before that judge shall be recorded by a recording device used by the courts.

Upon appointment of a district judge or upon filling the vacancy of a district judge's court monitor, the judge shall hire a certified court reporter if one is available.

C.Record proper. Except depositions, as provided in this paragraph, the record proper (court file), including the cover page and indices thereto, shall be prepared and reproduced by the clerk of the district court. Depositions shall be forwarded to the appellate court in their original form if they have been filed in the record proper or read into open court. If they are read in open court, the court reporter or court monitor shall mark the entire deposition or excerpts as court exhibits and ensure the exhibits are filed with the appellate court regardless of request therefore.

N.M. R. Rcdg. Jud. Proc. 22-301

Adopted, effective 11/29/1978; as amended, effective 7/1/1979; as renumbered and amended effective 1/1/1983; as amended, effective 5/1/1983;1/1/1987;12/1/1993;2/16/2004.

ANNOTATIONS The 2003 amendment, effective February 16, 2004, added Paragraph A, redesignated former Paragraphs A and B as present Paragraphs B and C, in Paragraph B substituted "except as provided in these rules, certified" for "official" and "the record of judicial proceedings" for "and transcribe" in the first sentence and inserted "if a transcript is requested or designated, a certified court reporter licensed by the board under Rule 22-202 NMRA shall transcribe, process, bill for, certify and deliver" in the second sentence of the introductory paragraph, thereby separating the former single sentence into two sentences, substituted "stenographic" for "the" in Subparagraph (1), "a certified court reporter is not available" for "unavailability of a certified court reporter" in Subparagraph (2), and "may be recorded by a recording device used by" for "shall be recorded by a recording device approved by the administrative office of" in the first sentence and "court" for "tape" and "used by" for "approved by the administrative office of" in the last sentence of the next to last paragraph, inserted "or audio recorded" in the third sentence of that paragraph, and added the last paragraph, in Paragraph C substituted "court" for "tape" in the last sentence and deleted the former last paragraph concerning the formatting, custody, and storage of videotapes, and deleted former Paragraphs C and D concerning taping depositions and indigent cases. The 1993 amendment, effective December 1, 1993, substituted "Transcripts" for "Tapes required" in the paragraph heading in Paragraph A and rewrote the paragraph; in Paragraph B, deleted "exhibits which are in document form and can be reproduced by photographic process, and" following "including" in the first sentence, substituted the language beginning "in their original form" for "as exhibits to the transcript" at the end of the second sentence and added the third sentence and the second paragraph; and added Paragraph C and redesignated former Paragraph C as Paragraph D. Am. Jur. 2d, A.L.R. and C.J.S. references. - Failure or refusal of state court judge to have record made of bench conference with counsel in criminal proceeding, 31 A.L.R.5th 704.