N.M. R. Child. Ct. 10-212

As amended through November 1, 2024

Rule 10-212 - Joinder of delinquent acts and parties; severance

A.Joinder of delinquent acts. Two or more delinquent acts shall be joined in a single petition alleging delinquency, with each allegation stated in a separate count if the allegations

(1) are of the same or similar character, even if not part of a single scheme or plan; or

(2) are based on the same conduct or on a series of acts either connected together or constituting parts of a single scheme or plan.

B.Joinder of respondents. A separate petition shall be filed for each respondent who is a child alleged to have committed a delinquent act. Two or more respondents may be joined on motion of a party, or by the filing of a statement of joinder by the state contemporaneously with the filing of the petitions charging the respondents

(1) when each of the respondents is charged with accountability for each delinquent act included;

(2) when all of the respondents are charged with conspiracy and some of the respondents are also charged with one or more delinquent acts alleged to be in furtherance of the conspiracy; or

(3) when, even if conspiracy is not charged and not all of the respondents are charged in each count, the several delinquent acts charged

(a) were part of a common scheme or plan; or

(b) were so closely connected in respect to time, place, and occasion that it would be difficult to separate proof of one delinquent act from proof of others.

C.Motion for severance. If it appears that a respondent or the state is prejudiced by the joinder of delinquent acts or of parties by the filing of a statement of joinder for trial, the court may order separate trials of delinquent acts, grant a severance of respondents, or provide whatever other relief justice requires. In ruling on a motion by a respondent for severance, the court may order the state to deliver to the court for inspection in camera any statements or confessions made by the respondents which the state intends to introduce in evidence at the trial.

N.M. R. Child. Ct. 10-212

As amended and recompiled, effective 5/1/1998; Rule 10-204.1 NMRA, recompiled and amended as Rule 10-212 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. 19-8300-020, effective for all cases filed on or after12/31/2019.

ANNOTATIONS The 2019 amendment, approved by Supreme Court Order No. 19-8300-020, effective for all cases filed on or after December 31, 2019, replaced the term "offense" with "delinquent act" throughout the rule, and required that two or more delinquent acts be joined in a single petition alleging delinquency; and in Paragraph A, after "Two or more delinquent acts", deleted "may" and added "shall". The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted "Delinquency proceedings" from the title; and in Paragraph A, changed "such allegations, whether felonies or misdemeanors or both" to "the allegations". The 1998 amendment, effective May 1, 1998, rewrote this rule. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-204.1 NMRA was recompiled as Rule 10-212 NMRA, effective January 15, 2009.