Rule 5-117 - Record; exhibitsA.Record of proceedings. A verbatim record shall be made of all court proceedings, including, but not limited to:(5) plea agreement proceedings;(6) sentencing and habitual offender proceedings;(7) habeas corpus proceedings; and(8) extradition proceedings.B.Receipt. The court reporter or tape monitor shall deliver to the clerk of the court a copy of the record of proceedings, all tendered exhibits and a receipt listing the exhibits. Upon receipt of the record and exhibits, the clerk shall sign the receipt and file a copy in the court file.C.Return. Unless otherwise ordered by the court, after notice to the parties or their attorneys in the manner set forth in this rule, all exhibits delivered to the clerk may be returned to the attorney or party tendering the exhibit as evidence.D.Notice of disposition of exhibits. Prior to returning the exhibits to the attorney or party tendering the exhibit as evidence, the clerk shall give written notice to all parties or their attorneys that, unless otherwise ordered by the court, the exhibits in custody of the clerk will be returned to the attorney or party tendering the exhibit or otherwise disposed of after the expiration of sixty (60) days from the date of mailing of such notice. The clerk shall give the written notice required by this paragraph: (1) within ninety (90) days after final disposition of the case, or(2) if there is an appeal and a new trial has not been ordered, within thirty (30) days after the filing of the mandate in the district court. The clerk shall file a notice of the final disposition of the evidence.
E.Preservation of exhibits. Upon motion, the court may order any exhibit preserved by the court or disposed of in the manner ordered by the court.F.Preservation of biological and physical evidence. The court shall preserve all evidence that is secured in relation to an investigation or prosecution of a crime and that could be subjected to DNA testing, for not less than the period of time that a person remains subject to incarceration or supervision in connection with the investigation or prosecution.G.Disposal of biological and physical evidence. The court may dispose of evidence before the expiration of the time period set forth in Paragraph F of this rule if: (1) no other law, regulation or court order requires that the evidence be preserved;(2) the evidence must be returned to its rightful owner;(3) preservation of the evidence is impractical due to the size, bulk, or physical characteristics of the evidence; and(4) the state takes reasonable measures to remove and preserve portions of the evidence sufficient to permit future DNA testing.H.Compliance. The court may comply with the requirements of Paragraphs F and G of this rule, by returning the evidence described in those paragraphs to the appropriate representative of the State. N.M. R. Crim. P. Dist. Ct. 5-117
Adopted, effective August 1, 1989; as amended, effective November 15, 2000; as amended by Supreme Court Order No. 15-8300-010, effective for all cases pending or filed on or after December 31, 2015.Committee commentary. - See NMSA 1978, Section 31-1A-2.
[Adopted by Supreme Court Order No. 15-8300-010, effective for all cases pending or filed on or after December 31, 2015.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-010, effective December 31, 2015, required the clerk to file a notice of final disposition of exhibits, provided for the preservation and disposal of biological and physical evidence, and added the committee commentary; in Paragraph D, added the last sentence; and added new Paragraphs F, G and H.