(a) When Depositions May Be Taken: In New Mexico, any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court, except as provided in Rule 1-030(A)(2). The attendance of witnesses may be compelled by subpoena as provided in Rule 1-045.
(b) Notice of Examination; General Requirements; Method of Recording; Production of Documents and Things; Deposition of Organization:
(1) Notice in General: A party desiring to take the deposition of any person upon oral examination must provide reasonable notice in writing to every other party. The notice must state the time and place of the deposition, and the name and address of each person to be examined, if known. If the name is not known, a general description sufficient to identify the person or the class or group to which the person belongs must be provided.
(2) Method of Recording: The notice must specify the method by which the testimony will be recorded. Unless the court orders otherwise, the testimony may be recorded by audio, audiovisual, or stenographic means, with the noticing party bearing the cost of the recording. Any party may arrange to have a transcription made from the recording.
(4) By Remote Means: The parties may stipulate—or the court may order—that a deposition be taken by telephone or other remote means. For the purposes of this rule and related rules, the deposition takes place where the deponent answers the questions.