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Section 36-2-38 - [Duty to testify in action for solicitation; immunity; perjury.]

NM Stat § 36-2-38 (2019) (N/A)
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No person shall be excused from testifying in any action, civil or criminal, brought in pursuance of this act [36-2-29, 36-2-31 to 36-2-38 NMSA 1978], on the ground that his testimony may expose him to prosecution for any crime or misdemeanor. But no person shall be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any such action, excepting a prosecution for perjury committed in giving such testimony.

History: 1941 Comp., § 18-136, enacted by Laws 1949, ch. 81, § 9; 1953 Comp., § 18-1-36.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For right against self-incrimination, see N.M. Const., art. II, § 15.

Severability. — Laws 1949, ch. 81, § 10, provided for the severability of the act if any part or application thereof is held invalid.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Modern status of law regarding solicitation of business by or for attorney, 5 A.L.R.4th 866.

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Section 36-2-38 - [Duty to testify in action for solicitation; immunity; perjury.]