N.M. R. Evid. 11-107
The court shall not comment to the jury upon the evidence or the credibility of the witnesses.
N.M. R. Evid. 11-107
Committee commentary. - The federal rules do not contain a rule prohibiting comments on the evidence by the judge. The New Mexico rule covering that subject, former Rule 105, was renumbered as Rule 11-107 NMRA.
[As amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.]
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012, replaced the committee commentary in its entirety. The 1993 amendment, effective December 1, 1993, substituted "court" for "judge" in the rule heading and substituted "court" for "judge" near the beginning of the rule. Compiler's notes. - This rule is deemed to have superseded former Rule 51, 1(h), N.M.R. Civ. P., which permitted comment on evidence by the judge. Law reviews. - For article, "Survey of New Mexico Law, 1979-80: Evidence," see 11 N.M.L. Rev. 159 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. - Propriety, in federal criminal trial, of including in jury instruction statement disparaging defendants' credibility, 59 A.L.R. Fed. 514.