Rule 10-341 NMRA
Rule 10-341. Witness 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 abuse or neglect, termination of parental rights
or guardianship proceeding in the children's court, the judge before whom the
proceeding is pending may upon the written application for immunity by a party, or upon
the court’s own motion, 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 applicant shall serve the district attorney with a copy of the
application for immunity and notice of hearing on the application.
B. Application. The court may grant the application and issue a written order
pursuant to this rule if it finds:
(1)
the testimony, or the record, document or other object may be necessary
to the public interest;
(2)
the person has refused or is likely to refuse to testify or to produce the
record, document or other object on the basis of the person's privilege against self-
incrimination; and
(3)
the district attorney was properly served.
C. Extent of immunity. Evidence compelled under an order granted pursuant to
this rule or any information directly or indirectly derived from such evidence may not be
used against the person in any criminal case except as provided by Rule 11-413 NMRA
of the Rules of Evidence.