New Mexico Statutes 38-6A-6. Factors for determining whether to permit alternative method
If the presiding officer determines that a standard pursuant to Section 5 [38-6A-5 N.M. Stat. Ann.] of the Uniform Child Witness Protective Measures Act has been met, the presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consider:
Terms Used In New Mexico Statutes 38-6A-6
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
A. alternative methods reasonably available for protecting the interests of or reducing mental or emotional harm to the child;
B. available means for protecting the interests of or reducing mental or emotional harm to the child without resort to an alternative method;
C. the nature of the case;
D. the relative rights of the parties;
E. the importance of the proposed testimony of the child;
F. the nature and degree of mental or emotional harm that the child may suffer if an alternative method is not used; and
G. any other relevant factor.