N.M. R. Crim. P. Magist. Ct. 6-305

As amended through November 1, 2024

Rule 6-305 - Unnecessary allegations

A.Examples. It shall be unnecessary for a complaint to contain the following allegations unless such allegations are necessary to give the defendant notice of the crime charged:

(1) time of the commission of offense;

(2) place of the commission of offense;

(3) means by which the offense was committed;

(4) value or price of any property;

(5) ownership of property;

(6) intent with which an act was done;

(7) description of any place or thing;

(8) the particular character, number, denomination, kind, species or nature of money, checks, drafts, bills of exchange or other currency;

(9) the specific degree of the offense charged;

(10) any statutory exceptions to the offense charged; or

(11) any other similar allegation.

B.Effect of surplusage. The state may include any of the unnecessary allegations set forth in Paragraph A of this rule in a complaint without thereby enlarging or amending such complaint, and such allegations shall be treated as surplusage.

N.M. R. Crim. P. Magist. Ct. 6-305

ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 409, 410, 422. Right of accused to bill of particulars, 5 A.L.R.2d 444. 22 C.J.S. Criminal Law § 331.