N.M. Sup. Ct. Order No. S-1-AO-2024-00038 (attachment1) (introduction)

WITNESS FEE FUND PAYMENT GUIDELINES

NMSA 1978, §34-9-11 Jury and Witness Fee Fund &

NMSA 1978, §38-6-4 Per Diem and Mileage for Witnesses

I. PURPOSE OF GUIDELINES

The purpose of these guidelines are to define responsibility for the payment of witness costs and

to provide direction for controlling witness costs.

These guidelines shall be used by the Administrative Office of the Courts (AOC) to determine

witness cost incurred by district, metropolitan, and magistrate courts. These guidelines have been

adopted by the Supreme Court for cases involving witnesses called by State agencies.

These guidelines apply to witness covered travel costs outlined in the Supreme Court Order NO.

S-1-AO-2024-00001 and Mileage and Per Diem Act, incurred for in-person appearance in court.

The jury and witness fund does not reimburse the payment of any investigatory costs or other

expenses of witnesses during trial preparation.

These guidelines apply only to payments made from the jury and witness fund and do not affect

other proceedings. AOC will authorize payments from the fund only for state witnesses or in

cases where indigency has been determined based on New Mexico Indigency NMSA 1978, §31-

15-7

II. GENERAL GUIDELINES

A. Payment shall be made for the travel costs of witnesses subpoenaed by the court, the

prosecution or the defense and expert witnesses for grand juries, magistrate courts, or

court expert. See generally NMSA 1978, §34-9-11

B. Definition of Witness of Fact or Character- A fact witness is called to testify to facts

relevant to the case.

C. Definition of Expert Witness- An expert witness is called to testify to an opinion based

on their knowledge, skill, experience, training, or education.

D. Cost Control for Witness Testimony: