A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the presiding officer‘s determination.

Terms Used In New Mexico Statutes 38-6A-7

  • 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.

B. An order allowing a child witness to testify by an alternative method shall: (1)     state the method by which the child is to testify;

(2)     list any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the child during the testimony;

(3)     state any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;

(4)     state any condition or limitation upon the participation of individuals present during the testimony of the child; and

(5)     state any other condition necessary for taking or presenting the testimony. C. The alternative method ordered by the presiding officer shall be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order and shall be subject to the other provisions of the Uniform Child Witness Protective Measures Act.