N.M. R. Crim. P. Magist. Ct. 6-609

As amended through November 1, 2024

Rule 6-609 - Instructions to juries

A.Procedural instructions. After the parties have completed their presentation of the evidence and before arguments to the jury, the magistrate shall orally instruct the jury on the procedure to be followed by them in deciding the case. Such instructions shall be given in substantially the following form:

"Ladies and gentlemen of the jury:

The case will now be submitted to you for decision. Upon retiring to the jury room and before commencing your deliberations you will select one of your members as foreman. You will then determine the facts in the case from the evidence that has been presented here in open court during the trial. From the facts and the law as you understand it you will decide upon a verdict.

You are the sole judges of all disputed questions of fact. Your verdict should not be based on speculation, guess or conjecture. Neither sympathy nor prejudice should influence your verdict.

The law which the defendant is accused of violating is as follows: (Read applicable parts of statute.) In order to convict the defendant of this offense, you must find him guilty beyond a reasonable doubt. (Applicable instructions from UJI Criminal, including the instructions on reasonable doubt and criminal intent, may be added here.)

Your verdict must be unanimous. When all of you have agreed upon a verdict, you will return to open court and your foreman will then announce the verdict."

B.UJI instructions. If requested by a party or, if the court deems it appropriate, on the court's own motion, the court may give the jury any other applicable instructions contained in the New Mexico Uniform Jury Instructions (UJI) Criminal. Whenever the court determines the jury should be instructed on a subject and no applicable instruction on the subject is found in UJI criminal, the instruction given on that subject shall be brief, impartial and free from hypothesized facts.

N.M. R. Crim. P. Magist. Ct. 6-609

As amended, effective 1/1/1994.

ANNOTATIONS The 1994 amendment, effective January 1, 1994, in the last paragraph of Paragraph A, inserted "applicable parts" in the first parenthetical and rewrote the second parenthetical, which read "Applicable instructions from Uniform Jury Instructions U.J.I. Criminal may be added here"; and in Paragraph B, made stylistic changes and deleted "but no other instructions on the law shall be given" following "Criminal" in the first sentence, and added the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. - 75A Am. Jur. 2d Trial § 1077 et seq. Duty in instructing jury in criminal prosecution to explain and define offense charged, 169 A.L.R. 315. Instruction as to presumption of continuing insanity in criminal case, 27 A.L.R.2d 121. Duty of trial court to instruct on self-defense, in absence of request by accused, 56 A.L.R.2d 1170. Effect of failure or refusal of court, in robbery prosecution, to instruct on assault and battery, 58 A.L.R.2d 808. Right of defendant to complain, on appellate review, of instructions favoring codefendant, 60 A.L.R.2d 524. Instruction as to entrapment with respect to violation of fish and game laws, 75 A.L.R.2d 709. Additional instruction to jury after submission of felony case, in accused's absence, 94 A.L.R.2d 270. Instructions as to presumption of deliberation and premeditation from circumstances attending killing, 96 A.L.R.2d 1435. Unanimity as to punishment in criminal case where jury can recommend lesser penalty, 1 A.L.R.3d 1461. Duty of court, in absence of specific request, to instruct on subject of alibi, 72 A.L.R.3d 547. Sympathy to accused as appropriate factor in jury consideration, 72 A.L.R.3d 842. Necessity of, and prejudicial effect of omitting, cautionary instruction to jury as to accomplice's testimony against defendant in criminal trial, 17 A.L.R. Fed. 249. 23A C.J.S. Criminal Law § 1351 et seq.