New Mexico Mock Trial Rules

Key Differences from Federal Rules of Evidence

• New Mexico Rule 11-702 applies a Daubert-like reliability standard since State v. Alberico (1993), predating the U.S. Supreme Court's Daubert decision
• New Mexico Rule 11-404(B) is more restrictive than FRE 404(b): the prosecution must demonstrate by clear and convincing evidence that the other act occurred
• New Mexico Rule 11-803(H) provides a unique hearsay exception for statements by children under 13 describing abuse or neglect, with specific procedural safeguards

Notable Rules

Key Features

• New Mexico uses a Metropolitan Court system in Bernalillo County for misdemeanors and civil cases under $10,000
• Criminal cases must begin within 6 months of arraignment or 180 days if the defendant is in custody under Rule 5-604
• New Mexico permits cameras in the courtroom by presumption under Rule 23-107, with limited grounds for exclusion

• Civil juries consist of 6 jurors; verdict requires at least 5 of 6 concurrence
• Criminal felony juries consist of 12 jurors with unanimous verdicts required
• New Mexico Constitution guarantees jury trial in criminal cases and civil matters exceeding $10,000