§ RULE 11-1101. APPLICABILITY OF RULES

Codes > New Mexico Rules of Evidence > Article 11 > RULE 11-1101.

RULE 11-1101. APPLICABILITY OF RULES

A. Courts. These rules apply to all the courts of the State of New Mexico in the proceedings and to the extent hereinafter set forth. The terms “judge” and “court” in these rules include district, magistrates, metropolitan and municipal court judges, masters, referees and child support hearing officers appointed by the court.

B. Proceedings Generally. These rules apply generally to civil actions, to criminal proceedings and to contempt proceedings except those in which the court may act summarily.

C. Rules of Privilege. The rules with respect to privileges apply at all stages of all actions, cases and proceedings.

D. Rules Inapplicable. The rules, other than those with respect to privileges, do not apply in the following situations:

(1) Preliminary Questions of Fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 11-104;

(2) Miscellaneous Proceedings. Proceedings for extradition or rendition; sentencing by the court without a jury, or granting or revoking probation; issuance of warrants for arrest, criminal summonses and search warrants; proceedings with respect to release on bail or otherwise; dispositional hearings in children's court proceedings; and issuance of ex parte custody orders, custody hearings, permanency hearings and judicial review proceedings in abuse and neglect proceedings.