Rule 11-103 NMRA
Rule 11-103. Rulings on evidence.
A. Preserving a claim of error. A party may claim error in a ruling to admit or
exclude evidence only if the error affects a substantial right of the party and
(1)
if the ruling admits evidence, the party, on the record
(a) timely objects or moves to strike, and
(b) states the specific ground, unless it was apparent from the context, or
(2)
if the ruling excludes evidence, the party informs the court of its substance
by an offer of proof, unless the substance was apparent from the context.
B. Not needing to renew an objection or offer of proof. Once the court rules
definitively on the record – either before or at trial – a party need not renew an objection
or offer of proof to preserve a claim of error for appeal.
C. Court’s statement about the ruling; directing an offer of proof. The court
may make any statement about the character or form of the evidence, the objection
made, and the ruling. The court may direct that an offer of proof be made in question-
and-answer form.
D. Preventing the jury from hearing inadmissible evidence. To the extent
practicable, the court must conduct a jury trial so that inadmissible evidence is not
suggested to the jury by any means.
E. Taking notice of plain error. A court may take notice of a plain error affecting a
substantial right, even if the claim of error was not properly preserved.