Are there any restrictions on the types of evidence I can use in a student defense case?
Yes, there are restrictions on the types of evidence you can use in a student defense case in New Mexico. These cases generally require evidence that is relevant to the alleged violation and admissible in court. In most cases, only evidence that is direct and credible can be considered. This means that evidence must be based on the facts of the case, come from a reliable source, and be supported by clear and convincing proof. Evidence in a student defense case may include sworn statements, written reports, photographs, accident reports, video recordings, physical evidence such as drugs or weapons, medical records, and evidence of prior criminal convictions. In addition, evidence from witnesses, including teachers, administrators, and other students, can be considered. It is important to note that all evidence must be presented in accordance with the rules of evidence, which set out the standards of proof and the admissibility of certain types of evidence. For example, evidence of a prior conviction for a similar offense may not be admissible in a student defense case unless certain requirements are met. If the evidence does not meet the standards required by the rules of evidence, it will likely be excluded from consideration by the court.
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