N.M. R. Crim. P. Magist. Ct. 6-101

As amended through August 23, 2024

Rule 6-101 - Scope and title

A.Scope. These rules govern the criminal procedure in all magistrate courts.

B.Construction. These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every magistrate court action. They shall not be construed to extend or limit the jurisdiction of any court, or to abridge, enlarge or modify the substantive rights of any litigant.

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

D.Citation form. These rules shall be cited by set and rule numbers, as in NMRA, Rule 6 -___.

N.M. R. Crim. P. Magist. Ct. 6-101

As amended, effective 1/1/1987.

ANNOTATIONS Magistrate court not required to expressly reserve jurisdiction. - There is nothing in these rules or in the supreme court approved forms for the magistrate courts which requires a magistrate court to expressly reserve jurisdiction. Cowan v. Davis, 1981-NMSC-054, 96 N.M. 69, 628 P.2d 314. Retrial not barred by failure to reserve jurisdiction. - The failure of a magistrate court to expressly reserve the right to retry a defendant in its final order does not bar a retrial on the basis that such action would constitute double jeopardy. Cowan v. Davis, 1981-NMSC-054, 96 N.M. 69, 628 P.2d 314. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law § 1 et seq. 22 C.J.S. Criminal Law § 1 et seq.