Confidential Clergy Communications Privilege Statutes: New Mexico

Confidential Clergy Communications Statutes

New Mexico Confidential Clergy Communications Privilege Statute

NEW MEXICO STATUTES ANNOTATED

State Court Rules.

Rules of Evidence.

Article 5. Privileges.

RULE 11-506. Communications to Clergy.A. Definitions. As used in this rule:

(1) a “member of the clergy” is a minister, priest, rabbi or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting that person;

(2) a communication is “confidential” if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

  1. General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy as a spiritual adviser.
  2. Who May Claim the Privilege. The privilege may be claimed by the person or by the person’s guardian, conservator or, upon death, personal representative. The member of the clergy may claim the privilege on behalf of the person. The authority to claim the privilege is presumed in the absence of evidence to the contrary.