Rule 1-080.Stenographer; stenographic report or transcript as evidence
Last verified June 26, 2026
In one sentenceRule 1-080 lets a master have evidence taken stenographically (or by other means) and allows a certified transcript of earlier testimony to be used as evidence later.
Full Text of Rule 1-080
A. Stenographer. A master may direct that evidence be taken stenographically and may appoint a stenographer for that purpose. The fees of such stenographer shall be fixed by the court and may be taxed ultimately as costs, in the discretion of the court. Upon motion of a master or party or upon the court's own motion, the court may order that evidence be taken by other than stenographic means, in which event the order shall designate the manner of recording, preserving and filing the evidence, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If the order is made, a party may nevertheless arrange to have a stenographic transcription made at his own expense.
B. Stenographic report or transcript as evidence. Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony.
End
Plain-English Summary
This rule covers how testimony before a master is recorded and reused. A master may direct that evidence be taken stenographically and appoint a stenographer, whose fees the court fixes and may tax as costs; the court may instead order recording by other means, with safeguards for accuracy, and a party may still arrange a stenographic transcription at its own expense.
When the stenographically reported testimony of a witness at a trial or hearing is admissible at a later trial, it may be proved by the transcript, duly certified by the person who reported it.
Frequently Asked Questions
Can a transcript of earlier testimony be used as evidence later?
Yes. When stenographically reported testimony is admissible at a later trial, it may be proved by the transcript, certified by the person who reported it.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-080 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: stenographertranscript as evidencecourt reporterrecording evidence