Rule 11-707. Polygraph examinations.

A. Definitions. As used in this rule: (1) “chart” means the record of bodily reactions by a polygraph instrument that is attached to the human body during a series of questions; (2) “polygraph examination” means a test using a polygraph instrument which at a minimum simultaneously graphically records on a chart the physiological changes in human respiration, cardiovascular activity, galvanic skin resistance, or reflex for the purpose of lie detection; (3) “polygraph examiner” means any person who is qualified to administer or interpret a polygraph examination; and (4) “relevant question” means a clear and concise question which refers to specific objective facts directly related to the purpose of the examination and does not allow rationalization in the answer. B. Minimum qualifications of polygraph examiner. A polygraph examiner must have the following minimum qualifications prior to administering or interpreting a polygraph examination to be admitted as evidence: (1) at least five (5) years’ experience in administration or interpretation of polygraph examinations or equivalent academic training; and (2) possess a current, active polygraph examiner license, in good standing, in New Mexico or in another jurisdiction with licensure standards that are equal to or greater than those in New Mexico. C. Admissibility of results. A polygraph examiner’s opinion as to the truthfulness of a person’s answers in a polygraph examination may be admitted if: (1) the polygraph examination was administered by a qualified polygraph examiner; (2) the polygraph examination was quantitatively scored in a manner that is generally accepted as reliable by polygraph experts; (3) the polygraph examiner was informed as to the examinee’s background, health, education, and other relevant information prior to conducting the polygraph examination; (4) at least two (2) relevant questions were asked during the examination; (5) at least three (3) charts were taken of the examinee; and (6) the entire examination was recorded in full on an audio or video recording device, including the pretest interview and, if conducted, the post-test interview. D. Notice of examination. A party who wishes to use polygraph evidence at trial must provide written notice no less than thirty (30) days before trial or within such other time as the district court may direct. Such notice must include these reports: (1) a copy of the polygraph examiner’s report, if any; (2) a copy of each chart; (3) a copy of the audio or video recording of the entire examination, including the pretest interview, and, if conducted, the post-test interview; and (4) a list of any other polygraph examinations taken by the examinee in the matter under question, including the names of all persons administering such examinations, the dates, and the results of the examinations. E. Determination of admissibility. The court shall make any determination as to the admissibility of a polygraph examination outside the presence of the jury. F. Compelled polygraph examinations. No witness shall be compelled to take a polygraph examination. If notice to use a polygraph examination of a witness has been given under Paragraph D by one party, the court may, for good cause shown, compel a second polygraph examination of that witness by the other party. The results of the second polygraph examination may be admitted if the second polygraph examination is conducted as required under this rule. Should the witness refuse to take a second polygraph examination, then the results of the first polygraph are inadmissible.