Under Rule 1-030 NMRA and related deposition provisions, depositions must be taken before an officer authorized to administer oaths, and the transcript must be properly certified by that officer. The certification must affirm that the testimony was accurately reported and transcribed and that the reporter held valid New Mexico certification at the time of the proceeding. New Mexico courts treat the certified stenographic transcript as the controlling evidentiary record for motion practice and trial.
Remote depositions are permitted pursuant to New Mexico procedural rules by stipulation or court order. The credentialing requirement for official stenographic transcripts applies equally in remote proceedings. Oath administration must comply with statutory authority, and certification language must reflect compliance with Supreme Court standards. Audio or video recordings do not substitute for a certified stenographic transcript absent express agreement of the parties or judicial authorization.
For deposition transcripts intended for filing, evidentiary reliance, or appellate preservation in New Mexico courts, confirmation of active CCR licensure and adherence to procedural requirements ensures admissibility and protects against challenge.
Last reviewed for accuracy: April 2026