New Mexico § 38-6-4 - Per diem and mileage for witnesses
Full text of New Mexico New Mexico Statutes Annotated § 38-6-4 — Per diem and mileage for witnesses, with citation guidance and answers to common questions.
§ 38-6-4. Per diem and mileage for witnesses
A. Witnesses shall be allowed no fees for services, but shall receive per diem expense
and mileage at the rate specified for nonsalaried public officers as provided in the
Per Diem and Mileage Act for that time in which attendance is required, with certification
of the clerk of the court. B. The district judge in any civil case pending in the district court may order the
payment of a reasonable fee, to be taxed as costs, in addition to the per diem and
mileage as provided for in Subsection A of this section, for any witness who qualifies
as an expert and who testifies in the cause in person or by deposition. The additional compensation shall include a reasonable fee to compensate the witness
for the time required in preparation or investigation prior to the giving of the witness's
testimony. The expert witness fee which may be allowed by the court shall be limited to one
expert regarding liability and one expert regarding damages unless the court finds
that additional expert testimony was reasonably necessary to the prevailing party
and the expert testimony was not cumulative. C. The provisions of this section shall apply only to cases filed on or after its
effective date.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 38-6-4
What does New Mexico Statutes Annotated § 38-6-4 cover?
Section 38-6-4 ("Per diem and mileage for witnesses") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 38-6-4?
A common citation format is "New Mexico Statutes Annotated § 38-6-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 38-6-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.