N.M. Stat. » N.M. Stat. / Chapter 31 / Article 6
New Mexico Statutes

N.M. Stat. § 31-6-6 (2026)

Oaths; grand jurors; witnesses; officers; penalty.

✓ current as of May 2026
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A. The following oaths shall be administered by the district judge to jurors, officers
of the court or others assigned to assist the grand jury, and by the foreman to
witnesses:

        (1)    JUROR OATH: "You, as members of this grand jury, do swear (or affirm)
that you will diligently inquire and true indictment make, of all public offenses against the
people of this state, committed or triable within this county, of which you shall receive
legal evidence; that you shall indict no person through malice, hatred or ill will; nor have
any not indicted through fear, favor or affection, or for any reward or the hope or
promise thereof; but in all your indictments, reports or undertakings, you shall present
the truth, according to the best of your skill and understanding, and further that you will
forever keep secret whatever you or any other juror may have said or in what manner
you or any other juror may have voted on any matter before you; and that you will keep
secret the testimony of any witness heard by you unless ordered by the court to
disclose the same in the trial or prosecution of the witness for perjury before the grand
jury, so help you God.";

       (2)     OATH FOR OFFICER OR OTHER PERSON: "You do swear (or affirm)
that you will keep secret all proceedings occurring in your presence or of which you may
learn as a result of your service in aid of the grand jury, so help you God."; and

      (3)    OATH FOR WITNESS: "You do swear (or affirm) that the testimony which
you are about to give will be the truth, so help you God."

    B. Any person found to have violated the oath under Paragraph (1) or (2) of
Subsection A of this section shall be guilty of a misdemeanor. This subsection shall not
apply to communications by the prosecuting attorney to his staff or grand jury aides and
in obtaining and presenting evidence, preparing indictments, reports and other
undertakings of the grand jury and in preparation for trial.

History: 1953 Comp., § 41-5-6, enacted by Laws 1969, ch. 276, § 6; 1979, ch. 337, § 4.

                                      ANNOTATIONS

Repeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-6, 1953 Comp., relating to
the effect of the challenge to the grand jury panel.
Registration of oath not required. — All that this section requires is that an oath be
taken and while it is desirable that a signed oath be registered, registration is not an
absolute requirement. State v. Gilbert, 1982-NMSC-095, 98 N.M. 530, 650 P.2d 814.

Duty of juror was that of secrecy forever concerning matters coming before him
except as otherwise provided by statute. In re Hittson, 1915-NMSC-040, 20 N.M. 319,
150 P. 733.

Impeachment of indictment by grand jury. — Members of grand jury were not
permitted to impeach an indictment duly found, returned in open court and filed as such,
by testifying as to what was said by the prosecution officer while advising with them in
his official capacity. U.S. v. Tallmadge, 1907-NMSC-032, 14 N.M. 293, 91 P. 729.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Grand Jury § 17.

Officer, member of grand jury as, within constitutional or statutory provision in relation to
oath or affirmation, 118 A.L.R. 1098.

Duty of secrecy on part of members of, or witnesses or other persons present before,
grand jury, 127 A.L.R. 272.

Accused's right to, and prosecution's privilege against, disclosure of identity of informer,
76 A.L.R.2d 262.

Failure to swear or irregularity in swearing witnesses appearing before grand jury as
ground for dismissal of indictment, 23 A.L.R.4th 154.

38A C.J.S. Grand Juries § 56.
Notes of Decisions
Cited in 9 cases, 1979–1999 · leading case: Buzbee v. Donnelly, 634 P.2d 1244 (N.M. 1981).
Sort: Relevance Newest Treatment
Buzbee v. Donnelly, 634 P.2d 1244 (N.M. 1981). · cites it 4× “Although the 1981 amendment does not require admissible evidence, there was no change made in Section 31-6-6, N.M.S.A. 1978, which provides for the grand jurors to take an oath that they will receive "legal evidence", and no change made in Section 31-6-11(B), which sets forth…”
State v. Gilbert, 650 P.2d 814 (N.M. 1982). · cites it 6× “Defendant also claims that because Section 31-6-6, N.M.S.A. 1978 (Cum. Supp.”
State v. Watkins, 590 P.2d 169 (N.M. Ct. App. 1979). · cites it 4× “Section 31-6-6, N.M.S. A.1978. The fact that jurors heard false testimony does not, however, establish such prejudice.”
State v. McCall, 686 P.2d 958 (N.M. Ct. App. 1983). · cites it 4× “” NMSA 1978, § 31-6-6(A)(l) (Cum. Supp.1982).”
Cook v. Smith, 834 P.2d 418 (N.M. 1992). · cites it 3× “The court administers the oath to the jurors, § 31-6-6, and charges the grand jury with its statutory duties.”
State v. Benavidez, 979 P.2d 234 (N.M. Ct. App. 1999). · cites it 2× “tment should have been dismissed because the prosecutor failed to instruct the grand jury on the element of materiality on the charge of perjury; (3) Defendant was denied his constitutional right to a speedy trial; (4) the prosecutor wrongfully acquired and used information from…”
Dist. Ct. of Second Jud. Dist. v. Mckenna, 881 P.2d 1387 (N.M. 1994). · cites it 2× “(stating that grand juries may inquire only into public offenses; "that is, criminal conduct or malfeasance proscribed by state law"); see also NMSA 1978, § 31-6-6(A)(1) (Repl.Pamp.1984) (setting out oath to grand jurors; stating that jurors must "diligently inquire" into public…”
Dist. Court of the Second Jud. Dist. v. McKenna, 881 P.2d 1387 (N.M. 1994). · cites it 2× “(stating that grand juries may inquire only into public offenses; “that is, criminal conduct or malfeasance proscribed by state law”); see also NMSA 1978, § 31-6-6(A)(1) (Repl.Pamp.1984) (setting out oath to grand jurors; stating that jurors must “diligently inquire” into public…”
Anaya v. State, 717 P.2d 1119 (N.M. 1986). · cites it 2× “” NMSA 1978, § 31-6-6(A)(l)(Repl.Pamp.l984).”
N.M. Stat. § 31-6-6(A)(1): 2 cases
Dist. Ct. of Second Jud. Dist. v. Mckenna, 881 P.2d 1387 (N.M. 1994). “(stating that grand juries may inquire only into public offenses; "that is, criminal conduct or malfeasance proscribed by state law"); see also NMSA 1978, § 31-6-6(A)(1) (Repl.Pamp.1984) (setting out oath to grand jurors; stating that jurors must "diligently inquire" into public…”
Dist. Court of the Second Jud. Dist. v. McKenna, 881 P.2d 1387 (N.M. 1994). “(stating that grand juries may inquire only into public offenses; “that is, criminal conduct or malfeasance proscribed by state law”); see also NMSA 1978, § 31-6-6(A)(1) (Repl.Pamp.1984) (setting out oath to grand jurors; stating that jurors must “diligently inquire” into public…”
N.M. Stat. § 31-6-6(A)(l): 3 cases
State v. McCall, 686 P.2d 958 (N.M. Ct. App. 1983). “” NMSA 1978, § 31-6-6(A)(l) (Cum. Supp.1982).”
Cook v. Smith, 834 P.2d 418 (N.M. 1992). “The court administers the oath to the jurors, § 31-6-6, and charges the grand jury with its statutory duties.”
Anaya v. State, 717 P.2d 1119 (N.M. 1986). “” NMSA 1978, § 31-6-6(A)(l)(Repl.Pamp.l984).”
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