N.M. R. Crim. P. Magist. Ct. 6-301

As amended through November 1, 2024

Rule 6-301 - General rules of pleading; captions

A.Caption. Pleadings and papers filed in the magistrate court shall have a caption or heading which shall briefly include:

(1) the name of the court as follows:

"State of New Mexico

County of __________________

Magistrate Court";

(2) the names of the parties; and

(3) a title that describes the cause of action or relief requested. The title of a pleading or paper shall have no legal effect in the action.

B.Plaintiff. All actions shall be brought in the name of the state or political subdivision, as plaintiff.

C.Adoption by reference. Statements made in one part of a pleading may be adopted by reference in another part of the same pleading.

N.M. R. Crim. P. Magist. Ct. 6-301

As amended, effective 12/17/2001.

ANNOTATIONS The 2001 amendment, effective December 17, 2001, inserted "captions" in the rule heading; added Paragraph A; and redesignated former Paragraphs A and B as present Paragraphs B and C. Attorney general or district attorney must represent state in criminal proceeding. - Although 36-1-18A NMSA 1978 does not require the district attorney to appear in a nonrecord court, such as the metropolitan court, 36-1-19 NMSA 1978 prohibits anyone other than the attorney general's office or district attorney's office from representing the state in a criminal proceeding, except on order of the court and with the consent of those offices. State v. Baca, 1984-NMCA-096, 101 N.M. 716, 688 P.2d 34.