UNDER SECTION ENTITLED “TELEPHONIC AND VIDEO-CONFERENCING DEPOSITIONS”
A transcript should not be designated “Telephonic” unless formally noticed, stipulated by counsel, or court ordered. Counsel choosing to attend by telephone does not
constitute a formal telephonic transcript and should be merely indicated on the
appearance page by a parenthetical that counsel appeared telephonically.
Should any party wish to have a proceeding done telephonically, the freelance reporter
is responsible for ensuring that an accurate record can be taken via the telephone.
New Mexico Certified Court Reporters may swear in witnesses in a telephonic or
video-conference deposition if all attorneys present stipulate to such an agreement on the record prior to the swearing in of the witness, and a copy of a photo and/or photo ID of the witness is attached to the transcript as an exhibit. The freelance reporter is to have reflected on the title page that the proceeding is being taken telephonically, as well as what parties appeared telephonically on the Appearance Page.
UNDER SECTION ENTITLED “SWEARING IN WITNESSES”
The officer before whom the deposition is to be taken shall put the witness under oath or affirmation, and shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness. New Mexico certified court reporters do not need to be notaries in order to administer the oath in New Mexico judicial cases. New Mexico Certified Court Reporters may swear in witnesses in a telephonic or video-conferencing deposition if all attorneys present stipulate to such an agreement on the record prior to the swearing in of the witness, and a copy of a photo and/or photo ID of the witness is attached to the transcript as an exhibit.
