Rule 5-116. Witness use immunity.

A. Issuance of order. If a person has been or may be called to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of a court or grand jury, the district court for the judicial district in which the official proceeding is or may be held may issue a written order requiring the person to testify or to produce the record, document or other object notwithstanding the person’s privilege against self-incrimination. The court may issue an order under this rule upon the written application of the prosecuting attorney, the accused, or upon the court’s own motion. The written application shall be provided to all parties. B. Application. The court may grant the application and issue a written order pursuant to this rule if it finds the following: (1) the testimony, or the record, document or other object may be necessary to the public interest; and (2) the person has refused or is likely to refuse to testify or to produce the record, document or other subject on the basis of the person’s privilege against self- incrimination. C. Effect of order. The use of any testimony or other evidence given pursuant to an order issued under this rule is subject to the provisions of Rule 11-413 NMRA.