N.M. R. Crim. P. Magist. Ct. 6-602

As amended through November 1, 2024

Rule 6-602 - Jury trial

A.Petty misdemeanor offense. When authorized by law, either party to the action may demand a trial by jury. The demand shall be made:

(1) orally or in writing to the court at or before the time of entering a plea; or

(2) in writing to the court within ten (10) days after the time of entering a plea. If demand is not made as provided in this paragraph, trial by jury is deemed waived.

B.Misdemeanor offense. If the offense is a misdemeanor or other offense or combination of offenses where the potential or aggregate penalty includes imprisonment in excess of six (6) months, the case shall be tried by jury unless the defendant waives a jury trial with the approval of the court and the consent of the state.

N.M. R. Crim. P. Magist. Ct. 6-602

As amended, effective 10/1/1992; as amended by Supreme Court Order No. S-1-RCR-2023-00025, effective for all cases pending or filed on or after 12/31/2023.

Committee commentary. - See NMSA 1978, § 35-8-1 (2009); N.M. Const. art. II, § 12.

[Adopted by Supreme Court Order No. S-1-RCR-2023-00025, effective for all cases pending or filed on or after December 31, 2023.]

ANNOTATIONS The 1992 amendment, effective for cases filed in the magistrate courts on and after October 1, 1992, inserted "or an offense punishable by no more than six (6) months in jail" in the first sentence in Paragraph A and inserted "or other offense or combination of offenses where the potential or aggregate penalty includes imprisonment in excess of six (6) months" in Paragraph B.

For forms on waiver of trial by jury - misdemeanor offenses and certification and waiver, see Rule 9-502 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 672, 677. Right to trial by jury in criminal prosecution for driving while intoxicated or similar offense, 16 A.L.R.3d 1373. Right to jury trial under federal constitution where two or more petty offenses, each having penalty of less than six months' imprisonment, have potential aggregate penalty in excess of six months when tried together, 26 A.L.R. Fed. 736. 50 C.J.S. Juries § 9 et seq.