Rule 10-341 Witness immunity.
ARTICLE 3 Abuse and Neglect Proceedings and Families in Need of Court Ordered Services
Rule Text
A. Issuance of order. If a person has been or may be called to testify or to produce a record, document or other object in an abuse or neglect, termination of parental rights or guardianship proceeding in the children's court, the judge before whom the proceeding is pending may upon the written application for immunity by a party, or upon the court’s own motion, issue a written order requiring the person to testify or to produce the record, document or other object notwithstanding the person's privilege against self-incrimination. The applicant shall serve the district attorney with a copy of the application for immunity and notice of hearing on the application.
B. Application. The court may grant the application and issue a written order pursuant to this rule if it finds:
(1) the testimony, or the record, document or other object may be necessary to the public interest;
(2) the person has refused or is likely to refuse to testify or to produce the record, document or other object on the basis of the person's privilege against self-incrimination; and
(3) the district attorney was properly served.
C. Extent of immunity. Evidence compelled under an order granted pursuant to this rule or any information directly or indirectly derived from such evidence may not be used against the person in any criminal case except as provided by Rule 11-413 NMRA of the Rules of Evidence.
Amendment history: Adopted effective February 1, 1982, Court Rule 64 NMSA 1978; Rule 10-110 SCRA 1986; Rule 10-110 NMRA; as amended effective March 20, 2000; Rule 10-110 NMRA, recompiled as Rule 10-341 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as amended by Supreme Court Order No. 12-8300-024, effective for all cases filed or pending on or after January 7, 2013. Adopted by Supreme Court Order No. 12-8300-024, effective for all cases filed or pending on or after January 7, 2013.