N.M. R. Crim. P. Dist. Ct. 5-101

As amended through November 1, 2024

Rule 5-101 - Scope and title

A.Scope. These rules govern the procedure in the district courts of New Mexico in all criminal proceedings.

B.Construction. These rules are intended to provide for the just determination of criminal proceedings. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

C.Title. These rules shall be known as the Rules of Criminal Procedure for the District Courts.

D.Citation form. These rules shall be cited by set and rule numbers, as in NMRA, Rule 5 -___.

N.M. R. Crim. P. Dist. Ct. 5-101

Committee commentary. - The 1974 amendments to this rule eliminated a reference to proceedings in the magistrate courts. The adoption of revised magistrate rules, the Rules of Criminal Procedure for the Magistrate Courts, requires the attorney and magistrate to look to those rules for certain proceedings in felony cases which are handled by the magistrate.

This rule does not specifically provide that these rules apply to prosecutions for criminal contempt. Compare Paragraph B of Rule 11-1101 NMRA. New Mexico decisions suggest, but do not definitely hold, that indirect or constructive criminal contempt proceedings would be governed by the applicable rules of criminal procedure. See, State v. New Mexico Printing Co., 25 N.M. 102, 177 P. 751 (1918). Compare, Norton v. Reese, 76 N.M. 602, 417 P.2d 205 (1966) with Seven Rivers Farms, Inc. v. Reynolds, 84 N.M. 789, 508 P.2d 1276 (1973). See also, 34-1-4 and 39-3-15A NMSA 1978.

For commencement of criminal prosecution in accordance with these rules, see Section 31-1-3 NMSA 1978. Compiler's notes. - The supreme court order of May 3, 1972, adopting the Rules of Criminal Procedure for the District Courts, provided in part that "any rules of civil procedure governing criminal proceedings are hereby repealed . . . ". For provisions relating to jury instructions, see Rule 5-608 NMRA. Law reviews. - For article, "Survey of New Mexico Law, 1982-83: Criminal Procedure," see 14 N.M.L. Rev. 109 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law § 1 et seq. Application of civil or criminal procedural rules in federal court proceeding on motion in nature of writ of error coram nobis, 53 A.L.R. Fed. 762. 22 C.J.S. Criminal Law § 1 et seq.