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Current as of January 01, 2024 | Updated by Findlaw Staff
If the presiding officer determines that a standard pursuant to Section 5 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:
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 38. Trials § 38-6A-6. Factors for determining whether to permit alternative method - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-38-trials/nm-st-sect-38-6a-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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