New Mexico Statutes

N.M. Stat. § 31-3-7 (2026)

Bail for witness.

✓ current as of May 2026

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If it appears by affidavit that the testimony of a person is material in any felony
criminal proceeding and that it may become impracticable to secure his presence by
subpoena, the judge may require such person to give bail pursuant to Rules of Criminal
Procedure for his appearance as a witness. If the witness fails to give bail pursuant to
Rules of Criminal Procedure, the witness may be committed to the custody of the sheriff
for a period not to exceed five days within which time his deposition shall be taken as
provided by Rules of Criminal Procedure. The court upon good cause shown may
extend the time for taking such depositions for a period not exceeding five days. In no
case except a first or second degree felony shall any surety be required for the bail of
such witness.

History: 1953 Comp., § 41-3-6, enacted by Laws 1972, ch. 71, § 13.

ANNOTATIONS

Repeals and reenactments. — Laws 1972, ch. 71, § 13, repealed 41-3-6, 1953
Comp., relating to commitment forms to be used by the magistrate, and enacted a new
section.

Arrest of material witness. — This section does not authorize an arrest of a material
witness at the scene of a crime, where there is no evidence that the witness would
avoid a subpoena or be unwilling to testify in a subsequent trial. Perkins v. Click, 148 F.
Supp. 2d 1177 (D.N.M. 2001).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 81 Am. Jur. 2d Witnesses § 4.

8 C.J.S. Bail; Release and Detention Pending Proceedings §§ 56 to 58, 170 to 174.

Notes of Decisions

Cited in 2 cases, 2001–2011 · leading case: In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011).

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In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of Iowa, 805 N.W.2d 145 (Iowa 2011). · cites it 4× “6) (“to secure the appearance of a person who is unlikely to respond to a subpoena”); N.M. Stat. Ann. § 31-3-7 (West, Westlaw through 2011 1st Reg.”

Perkins v. Click, 148 F. Supp. 2d 1177 (D.N.M. 2001). · cites it 8× “” NMSA § 31-3-7. On its face, this provision does not authorize an arrest at the scene of a crime, and requires an affidavit supporting any action that is taken with respect to a material witness.”

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