N.M. R. Civ. P. Dist. Ct. 1-028
N.M. R. Civ. P. Dist. Ct. 1-028
ANNOTATIONS The 2000 amendment, effective February 1, 2001, in Paragraph A, deleted "Within the United States or within a terriory or insular possession subject to the dominion of the United States" at the beginning of the first sentence and deleted "of the United States" following "oaths by the laws" in the middle of the first sentence; and in Paragraph C, inserted "Subject to Rule 1-029 NMRA".
For power of notaries public to take depositions, see Section 14-12A-1 NMSA 1978. For taking of depositions within state for use outside state, see 38-8-1 to 38-8-3 NMSA 1978. For fees for clerk, witnesses and officer taking deposition, see Section 39-2-8 NMSA 1978. Compiler's notes. - This rule, together with Rules 1-030, 1-031, 1-032 and 1-045 NMRA, is deemed to have superseded 45-101 to 45-119, C.S. 1929 (36-5-21 to 36-5-39, 1953 Comp., now repealed), insofar as those provisions related to the taking of depositions for use in the district courts. This rule, together with Rules 1-027, 1-030 and 1-045 NMRA, is deemed to have superseded 45-201 to 45-214, C.S. 1929, relating to perpetuation of testimony and use of same. This rule, together with Rules 1-030 and 1-032 NMRA, is deemed to have superseded 45-401 to 45-406 and 45-408, C.S. 1929, relating to the taking of testimony to be used in pending civil cause by oral examination, under certain circumstances, and use of same. Am. Jur. 2d, A.L.R. and C.J.S. references. - 23 Am. Jur. 2d Depositions and Discovery §§15 to 18, 110 to 117. Subpoena duces tecum for production of items held by a foreign custodian in another country, 82 A.L.R.2d 1403. Disqualification of attorney, otherwise qualified, to take oath or acknowledgment from client, 21 A.L.R.3d 483. Grounds for disqualification of criminal defendant's chosen and preferred attorney in federal prosecution, 127 A.L.R. Fed. 67. 26A C.J.S. Depositions §§ 17 to 21, 28, 58.