N.M. R. Crim. P. Metro. Ct. 7-306

As amended through November 1, 2024

Rule 7-306 - Joinder; consolidation; severance

A.Joinder of offenses. Two or more offenses shall be joined in one complaint with each offense stated in a separate count, if the offenses:

(1) are of the same or similar character, even if not part of a single scheme or plan; or

(2) are based on the same conduct or on a series of acts either connected together or constituting parts of a single scheme or plan.

B.Consolidation for preliminary examination or trial. The court may order two or more complaints against a single defendant to be tried or heard on preliminary examination together if the offenses could have been joined in a single complaint. The court may consolidate for preliminary examination or trial two or more defendants if the offenses charged are based on the same or related acts.

C.Motion for severance. If it appears that a defendant or the state is prejudiced by a joinder of offenses or consolidation of defendants for trial, the court may order separate trials of offenses, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance, the court may order the prosecutor to deliver to the court for inspection in camera any statements or confessions made by the defendants which the prosecution intends to introduce in evidence at the trial.

N.M. R. Crim. P. Metro. Ct. 7-306

As amended, effective 1/1/1987;9/1/1990;9/15/1997.

ANNOTATIONS The 1997 amendment, effective September 15, 1997, inserted "of" in the paragraph heading of Paragraph A; deleted former Paragraphs B and C relating to joinder of defendants and effect of joinder and redesignated former Paragraphs D and E as Paragraphs B and C; in Paragraph B, substituted "for preliminary examination or trial" for "offenses; defendants" in the paragraph heading, inserted "or heard on preliminary examination" and rewrote the last sentence; and inserted "motion for" in the paragraph heading and substituted "or consolidation of defendants for trial" for "or of defendants in any complaint or by joinder for trial" in Paragraph C. The 1990 amendment, effective for cases filed in the metropolitan courts on or after September 1, 1990, rewrote former Paragraph A to appear as present Paragraphs A, B, and C and substituted "may, with leave of the court," for "shall" near the beginning of present Paragraph B; redesignated former Paragraphs B and C as present Paragraphs D and E; and in present Paragraph D, substituted "may" for "shall" near the beginning and deleted Subparagraphs (2) and (3), relating to approval of motions to consolidate and the judge to be assigned to the consolidated case. Am. Jur. 2d, A.L.R. and C.J.S. references. - Consolidated trial upon several indictments or informations against same accused, over his objection, 59 A.L.R.2d 841.