N.M. R. Crim. P. Magist. Ct. 6-110A

As amended through August 23, 2024

Rule 6-110A - Audio and audio-visual appearances of defendant

A.When permitted. The court may permit a defendant or attorneys to appear through the use of a simultaneous audio or audio-visual communication when it will legitimately serve justice considering, among other issues, the economic needs of the parties. When an appearance through the use of an audio or audio-visual communication is conducted, the court may require the party requesting to appear by audio or audio-visual communication to pay the expense of the communication. Prior to an audio or audio-visual appearance, the defendant shall file with the court a written request to appear by audio or audio-visual communication substantially in the form approved by the Supreme Court. The judge shall conduct any audio or audio-visual proceeding in a place open to the public.

B.Required audio-visual appearances. For purposes of these rules, an appearance through a simultaneous audio-visual communication, as defined in Paragraph A above, constitutes an appearance in open court for:

(1) an arraignment, initial appearance, bail hearing, or entry of any plea; or

(2) a sentencing proceeding, after conviction at trial or a plea of guilty or no contest, unless the court is to take testimony or a statement from someone other than the defendant.

C.Conduct of required audio-visual proceedings. The following conditions must be met for any required audio-visual proceeding conducted pursuant to Paragraph B of this rule:

(1) the defendant and the defendant's attorney, if any, shall have the ability of private, unrecorded communication;

(2) the judge, legal counsel, if any, and defendant shall be able to communicate and see each other through a two-way audio-visual communication between the court and the place of custody or confinement; and

(3) the proceedings shall be conducted in a place open to the public through the use of audio-visual equipment which will permit members of the public to simultaneously see and hear the proceedings contemporaneously with the judge.

D.Construction of rule. This rule shall not prohibit other audio or audio-visual appearances upon waiver of any right such person held in custody or confinement might have to be physically present. Nothing contained in this rule shall be construed as establishing a right for any person held in custody to appear by a two-way audio-visual communication system.

N.M. R. Crim. P. Magist. Ct. 6-110A

Approved, effective 11/1/2000; as amended, effective 7/1/2002; as amended by Supreme Court Order No. 08-8300-044, effective 12/31/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-044, effective December 31, 2008, in Paragraph B, changed the phrase "The court may require the defendant to appear through the use of" to the phrase "For purposes of these rules, an appearance through" and at the end of the sentence, added the phrase "as defined in Paragraph A above, constitutes an appearance in open court" and in Subparagraph (1) of Paragraph B, added the phrase "entry of any plea; or". The 2002 amendment, effective July 1, 2002, in the third sentence of Paragraph A, substituted "request to appear by audio or audio-visual communication" for "waiver of appearance" and rewrote Paragraph C(1) which formerly read "the defendant and the defendant's legal counsel, if any, shall be together in one room at the time".

For filing by fax, see Rule 6-210 NMRA. For filing electronically, see Rule 6-211 NMRA. For written waiver of appearance, see Criminal Form 9-104 NMRA. For a written request to appear before the court by audio or audio-visual communications, see Criminal Form 9-104A NMRA.