Rules of Evidence – 2026
The Rules of Evidence, Set 11, modeled on the Federal Rules and restyled in 2012 to follow the federal restyling. Cited by rule number — Rule 11-401 NMRA. New Mexico follows Daubert through State v. Alberico, decided two months after Daubert itself, which grounded admissibility in Rule 11-702's validity and reliability inquiry rather than general acceptance.
Browse all 80 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.
ARTICLE 1 General Provisions
Rule 11-101
Scope of rules.
Rule 11-102
Purpose and construction.
Rule 11-103
Rulings on evidence.
Rule 11-104
Preliminary questions.
Rule 11-105
Limiting evidence that is not admissible against other parties or for other purposes.
Rule 11-106
Remainder of or related writings or recorded statements.
Rule 11-107
Comment by court.
ARTICLE 2 Judicial Notice
ARTICLE 3 Presumptions
ARTICLE 4 Relevancy and Its Limits
Rule 11-401
Test for relevant evidence.
Rule 11-402
General admissibility of relevant evidence.
Rule 11-403
Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons.
Rule 11-404
Character evidence; crimes or other acts.
Rule 11-405
Methods of proving character.
Rule 11-406
Habit; routine practice.
Rule 11-407
Subsequent remedial measures.
Rule 11-408
Compromise offers and negotiations.
Rule 11-409
Offers to pay medical and similar expenses.
Rule 11-410
Pleas, plea discussions, and related statements.
Rule 11-411
Liability insurance.
Rule 11-412
Sex crimes; testimony; limitations; in camera hearing.
Rule 11-413
Use of evidence obtained under immunity order precluded.
Rule 11-414
Evidence of gender or sexual orientation; testimony; limitations; in camera hearing.
ARTICLE 5 Privileges
Rule 11-501
Privileges recognized only as provided.
Rule 11-502
Required reports privileged by statute.
Rule 11-503
Lawyer-client privilege.
Rule 11-504
Physician-patient and psychotherapist-patient privilege.
Rule 11-505
Spousal privileges.
Rule 11-506
Communications to clergy.
Rule 11-507
Political vote.
Rule 11-508
Trade secrets.
Rule 11-509
Communications to juvenile probation officers and social services workers.
Rule 11-510
Identity of informer.
Rule 11-511
Waiver of privilege by voluntary disclosure.
Rule 11-512
Privileged matter disclosed under compulsion or without opportunity to claim privilege.
Rule 11-513
Comment upon or inference from claim of privilege; instruction.
Rule 11-514
News media-confidential source or information privilege.
ARTICLE 6 Witnesses
Rule 11-601
Competency to testify in general.
Rule 11-602
Need for personal knowledge.
Rule 11-603
Oath or affirmation to testify truthfully.
Rule 11-604
Interpreter.
Rule 11-605
Judge’s competency as a witness.
Rule 11-606
Juror’s competency as a witness.
Rule 11-607
Who may impeach a witness.
Rule 11-608
A witness’s character for truthfulness or untruthfulness.
Rule 11-609
Impeachment by evidence of a criminal conviction.
Rule 11-610
Religious beliefs or opinions.
Rule 11-611
Mode and order of examining witnesses and presenting evidence.
Rule 11-612
Writing used to refresh a witness’s memory.
Rule 11-613
Witness’s prior statement.
Rule 11-614
Court’s calling or examining a witness.
Rule 11-615
Excluding witnesses.
ARTICLE 7 Opinions and Expert Testimony
Rule 11-701
Opinion testimony by lay witnesses.
Rule 11-702
Testimony by expert witnesses.
Rule 11-703
Bases of an expert’s opinion testimony.
Rule 11-704
Opinion on an ultimate issue.
Rule 11-705
Disclosing the facts or data underlying an expert’s opinion.
Rule 11-706
Court-appointed expert witnesses.
Rule 11-707
Polygraph examinations.
ARTICLE 8 Hearsay
Rule 11-801
Definitions that apply to this article; exclusions from hearsay.
Rule 11-802
The rule against hearsay.
Rule 11-803
Exceptions to the rule against hearsay—regardless of whether the declarant is available as a witness.
Rule 11-804
Exceptions to the rule against hearsay – when the declarant is unavailable as a witness.
Rule 11-805
Hearsay within hearsay.
Rule 11-806
Attacking and supporting the declarant’s credibility.
Rule 11-807
Residual exception.
ARTICLE 9 Authentication and Identification
ARTICLE 10 Contents of Writings, Recordings and Photographs
Rule 11-1001
Definitions that apply to this article.
Rule 11-1002
Requirement of the original.
Rule 11-1003
Admissibility of duplicates.
Rule 11-1004
Admissibility of other evidence of content.
Rule 11-1005
Copies of public records to prove content.
Rule 11-1006
Summaries to prove content.
Rule 11-1007
Testimony or statement of a party to prove content.
Rule 11-1008
Functions of the court and jury.