N.M. R. Crim. P. Magist. Ct. 6-605

As amended through November 1, 2024

Rule 6-605 - Jurors

A.Magistrate jury. A jury in the magistrate court consists of six (6) jurors with the same qualifications as jurors in the district court. Whenever a jury is required, the court shall select prospective jurors in the manner provided by law.

B.Challenges for cause. At the time of the trial, the parties, their attorneys, or the magistrate judge may examine the prospective jurors who have been summoned to determine whether they should be disqualified for cause. Prospective jurors shall be excused for cause if the examination discloses bias, relationship to a party, or other grounds of actual or probable partiality. If examination of any prospective juror discloses any basis for disqualification, the magistrate judge shall excuse that prospective juror.

C.Peremptory challenges. If the highest offense charged is a petty misdemeanor, each party shall be entitled to one peremptory challenge, regardless of the number of charges. If the highest offense charged is a misdemeanor, each party shall be entitled to two peremptory challenges, regardless of the number of charges. If peremptory challenges are exercised, the magistrate judge shall excuse those prospective jurors challenged.

D.Selection of jury.

(1) The court shall cause the name of each prospective juror present to be entered into the court's jury management system. A list of the names of the prospective jurors present shall be prepared at the direction of the magistrate judge, and a copy of the list shall be provided to each party or the party's attorney.

(2) The prospective jurors may be examined by the parties, their attorneys, or the magistrate judge by questioning all of the prospective jurors present, as a group, or individually.

(3) When six (6) qualified jurors have been selected, they shall constitute the jury for the case to be tried.

(4) One (1) or more alternate jurors may be selected at the direction of the magistrate judge. The parties may exercise their peremptory challenges in the selection of the alternate juror or jurors, if their peremptory challenges have not been exhausted in the selection of the other jurors.

E.Additional jurors. If a jury cannot be completed by reading the names of those present, the sheriff or responsible person shall summon a sufficient number of jurors to fill the deficiency.

F.Oath to jurors. The magistrate shall administer the following oath to the jurors: "You do solemnly swear (or affirm) that you will truly try the facts of this action and give a true verdict according to the law and evidence given in court."

G.Juror qualification and questionnaire forms; retention schedule; certification of compliance with privacy requirements. Prior to the examination of prospective jurors under this rule, the court shall require each prospective juror to complete a juror qualification and questionnaire forms as approved by the Supreme Court, which shall be subject to the following protections:

(1) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be kept confidential unless ordered unsealed under the provisions in Rule 6-114 NMRA;

(2) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be destroyed according to the following deadlines:

(a) All copies in the possession of the court shall be destroyed ninety (90) days after expiration of the term of service of the juror or prospective juror unless an order has been entered directing their retention for a longer period of time; and

(b) All copies in the possession of the attorneys, parties, and any other individual or entity shall be destroyed within one hundred twenty (120) days after final disposition of the proceeding for which the juror or prospective juror was called unless permitted by written order of the court to retain the copies for a longer period of time, in which case the court's order shall set the deadline for destruction of those copies; and

(3) On or before the destruction deadline required under this rule, all attorneys and parties shall file a certification under oath in a form approved by the Supreme Court that they have complied with the confidentiality and destruction requirements set forth in this paragraph.

H.Supplemental questionnaires. The court may order prospective jurors to complete supplemental questionnaires. Unless otherwise ordered by the court, the party requesting supplemental questionnaires shall be required to pay the actual costs of producing and mailing the supplemental questionnaires. The confidentiality and destruction protections in Subparagraphs (G)(1), (2), and (3) of this rule shall apply to any supplemental questionnaires ordered under this paragraph.

N.M. R. Crim. P. Magist. Ct. 6-605

As amended, effective 9/1/1989; as amended by Supreme Court Order No. 13-8300-042, effective for all cases pending or filed on or after12/31/2013; as amended by Supreme Court Order No. 15-8300-006, effective for all cases pending or filed on or after12/31/2015; as amended by Supreme Court Order No. 18-8300-008, effective 12/31/2018.

Committee commentary. - Paragraph C was amended in 2015 to clarify the way that peremptory challenges should be counted.

Paragraph G of this rule was added to clarify the procedure for using and retaining juror qualification and questionnaire forms. In cases where an issue may be raised on appeal concerning jury selection or a particular juror, the appellant may consider filing a motion in the district court within ninety (90) days of the jury verdict to request an order requiring the retention of the juror qualification and questionnaire forms for inclusion in the record proper filed in the appellate court. Paragraph G of this rule supersedes administrative regulations concerning the retention of juror qualification and questionnaire forms.

[Adopted by Supreme Court Order No. 13-8300-042, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 15-8300-006, effective for all cases pending or filed on or after December 31, 2015; as amended by Supreme Court Order No. 18-8300-008, effective December 31, 2018.]

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-008, effective December 31, 2018, provided additional privacy protections and destruction requirements for information contained in juror questionnaire forms, provided an exception to the confidentiality rules, made certain nonsubstantive changes, and revised the committee commentary; in Paragraph G, after the semicolon, added "certification of compliance with privacy requirements", and after "Supreme Court", added "which shall be subject to the following protections:", added subparagraph designations "(1)" and "(2)", in Subparagraph G(1), after "questionnaire forms,", added "including any electronic copies", after "possession of the court", deleted "as well as in the possession of others, including", and after "individual or entity", added "shall be kept confidential unless ordered unsealed under the provisions in Rule 6-114 NMRA", in Subparagraph G(2), added "All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity", and after "shall be destroyed", added "according to the following deadlines:", added subparagraph designation "(a)", in Subparagraph G(2)(a), added "All copies in the possession of the court shall be destroyed", and after "retention", deleted "of the form" and added "for a longer period of time; and", and added Subparagraphs G(2)(b) and G(3); and in Paragraph H, added the last sentence of the paragraph relating to confidentiality and destruction protections. The 2015 amendment, approved by Supreme Court Order No. 15-8300-006, effective December 31, 2015, clarified the number of peremptory challenges to which the parties are entitled, made stylistic changes, and revised the committee commentary; in Paragraph A, after "six", added "(6)", after "required, the", deleted "magistrate" and added "court"; in Paragraph B, after each occurrence of "magistrate", added "judge"; in Paragraph C, in the first sentence, after "If the", added "highest", after "challenge", added "regardless of the number of charges", in the second sentence, after "If the", added "highest", after "challenges", added "regardless of the number of charges", and in the third sentence, after "magistrate", added "judge"; in Subparagraph D(1), in the first sentence, after "The", deleted "magistrate" and added "court", and in the second sentence, after "magistrate", added "judge"; and in Subparagraphs D(2) and (4), after "magistrate", added "judge". The 2013 amendment, approved by Supreme Court Order No. 13-8300-042, effective December 31, 2013, required the names of prospective jurors to be entered into the court's juror management system; required prospective jurors to complete an approved juror qualification and questionnaire form and supplemental questionnaires, if ordered by the court; provided for the destruction of juror qualification and questionnaire forms; in Paragraph D, Subparagraph (1), deleted the former first sentence, which required the magistrate to place the names of prospective jurors on a slip of paper and place the slips of paper into a box, added the current first sentence, and after "shall be prepared", deleted "by" and added "at the direction of", and after "direction of the magistrate", deleted "or at his direction"; in Subparagraph (2), deleted the former last sentence, which provided for the drawing of additional jurors' names to replace those excused; in Subparagraph (4), in the first sentence, after "One", added "or more" and after "selected at the", added "direction of the" and after "magistrate", deleted "at his discretion, so elects"; in Paragraph E, after "completed by", deleted "drawing additional slips" and added "reading the names of those present"; and added Paragraphs G and H. The 1989 amendment, effective for cases filed in the magistrate courts on or after September 1, 1989, in Subparagraph (2) of Paragraph D, deleted the former "(a)" designation from the beginning and deleted former (b), which read "or (b) the magistrate may draw six slips with the juror's names thereon from the box and these six jurors may be questioned as a group and individually" from the end of the first sentence. When a magistrate court extends the time for trial beyond the six-month period, the court is not required to create a record of what were the exceptional circumstances that led to the decision to extend the time for trial. State v. Sharp, 2012-NMCA-042, 276 P.3d 969, cert. denied, 2012-NMCERT-003. Law reviews. - For note, "Criminal Law - Discriminatory Use of Peremptory Challenges in Jury Selection: State of New Mexico v. Sandoval," see 19 N.M.L. Rev. 563 (1989). Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 679 to 685. Right of consent to trial of criminal case before less than 12 jurors; and effect of consent upon jurisdiction of court to proceed with less than 12, 70 A.L.R. 279, 105 A.L.R. 1114. Indoctrination by court of persons summoned for jury service, 89 A.L.R.2d 197. Validity of jury selection as affected by accused's absence from conducting of procedures for selection and impaneling of final jury panel for specific case, 33 A.L.R.4th 429. 50 C.J.S. Juries § 155 et seq.