(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History: Laws 2001, ch. 114, ยง 111.
Structure 2021 New Mexico Statutes
Article 1 - GENERAL PROVISIONS
Section 40-10A-101 - Short title.
Section 40-10A-102 - Definitions.
Section 40-10A-103 - Proceedings governed by other law.
Section 40-10A-104 - Application to Indian tribes.
Section 40-10A-106 - Effect of child-custody determination.
Section 40-10A-107 - Priority.
Section 40-10A-108 - Notice to persons outside state.
Section 40-10A-109 - Appearance and limited immunity.
Section 40-10A-110 - Communication between courts.
Section 40-10A-111 - Taking testimony in another state.
Section 40-10A-112 - Cooperation between courts; preservation of records.