Rule 11-412. Sex crimes; testimony; limitations; in camera hearing.

A. Prohibited uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct: (1) evidence offered to prove that a victim engaged in other sexual behavior, or (2) evidence offered to prove a victim’s sexual predisposition. B. Exceptions. The court may admit evidence of the victim's past sexual conduct that is material and relevant to the case when the inflammatory or prejudicial nature does not outweigh its probative value. C. Procedure to determine admissibility. (1) Motion. If the defendant intends to offer evidence under Rule 11-412(B) NMRA, the defendant must file a written motion before trial. If the defendant discovers new information during trial, the defendant shall immediately bring the information to the attention of the court outside the presence of the jury. (2) Hearing. Before admitting evidence under this rule, the court shall conduct an in camera hearing to determine whether such evidence is admissible. (3) Order. If the court determines that the proposed evidence is admissible, the court shall issue a written order stating what evidence may be introduced by the defendant and stating the specific questions to be permitted. Unless the court orders otherwise, the motion, order, related materials, and the record of the hearing must remain sealed.