N.M. R. Crim. P. Metro. Ct. 7-506.1

As amended through August 23, 2024

Rule 7-506.1 - Voluntary dismissal and refiled proceedings

A.Voluntary dismissal. The prosecution may dismiss a citation or criminal complaint by filing a notice of dismissal. The notice of dismissal shall be substantially in the form approved by the Supreme Court. Unless otherwise stated in the notice, the dismissal is without prejudice. A notice of dismissal shall be filed:

(1) prior to commencement of the trial; or

(2) after the acceptance of a plea of guilty or no contest, but prior to sentencing.

B.Bail bond. The filing of a notice of dismissal under Paragraph A of this rule shall exonerate a bond only as provided in Rule 7-406 NMRA. If the dismissed charges are later filed in the district court, the state shall notify the metropolitan court, and the metropolitan court shall transfer any bond to the district court.

C.Refiled complaints. If a citation or complaint is dismissed without prejudice and the charges are later refiled, the refiled complaint shall be clearly captioned "Refiled Complaint" and shall include the following:

(1) the court in which the original charges were filed;

(2) the case file number of the dismissed charges;

(3) the name of the assigned judge at the time the charges were dismissed; and

(4) the reason the charges were dismissed.

D.Procedure after refile; cases within metropolitan court trial jurisdiction. If a citation or complaint is dismissed without prejudice and the charges are later refiled, the case shall be treated as a continuation of the same case, and the trial on the refiled charges shall be commenced within the unexpired time for trial under Rule 7-506 NMRA, unless the court, after notice and a hearing, finds the refiled complaint should not be treated as a continuation of the same case. The time between dismissal and refiling shall not be counted as part of the unexpired time for trial under Rule 7-506 NMRA.

E.Simultaneous cases. If a complaint, indictment, or information is filed in district court concerning one or more charges pending in metropolitan court, the prosecutor shall notify the metropolitan court. This notice shall operate as a dismissal of the entire case in metropolitan court. The metropolitan court shall transfer any bond to the district court.

N.M. R. Crim. P. Metro. Ct. 7-506.1

Approved, effective 8/1/2004; 7-506A recompiled and amended as 7-506.1 by Supreme Court Order No. 17-8300-024, effective for all cases pending or filed on or after12/31/2017.

Committee commentary. - In 2004, Rule 7-506 NMRA was split into two rules. This rule is former Paragraphs A through D of Rule 7-506 NMRA.

The court's acceptance of a no contest or guilty plea does not raise a double jeopardy bar to subsequent prosecution if the charges to which the defendant has pled subsequently are dismissed prior to sentencing. See State v. Angel, 2002-NMSC-025, ¶ 16, 132 N.M. 501, 51 P.3d 1155 (holding that double jeopardy did not bar subsequent prosecution in district court where the magistrate court accepted the defendant's no contest plea to misdemeanor offenses but dismissed the charges prior to sentencing); see also State v. Lizzol, 2007-NMSC-024, ¶ 7, 141 N.M. 705, 160 P.3d 886 (explaining that whether a dismissal constitutes an acquittal, and therefore bars reprosecution on double jeopardy grounds, depends on "whether the trial court's ruling, however labeled, correctly or incorrectly resolved some or all of the factual elements of the crime").

Paragraph E was added in 2017 to address the inefficiency and confusion that may arise when the same charges are pending in both metropolitan court and district court, or when charges that were filed together as a single case in metropolitan court are split into two cases, one in metropolitan court and one in district court. For example, an indictment may be filed in district court that includes the felony charges pending in metropolitan court but not the associated misdemeanor charges. Upon notice from the prosecutor, the metropolitan court should dismiss its entire case without prejudice. The prosecutor retains discretion to refile charges in either district or metropolitan court.

[As amended by Supreme Court Order No. 17-8300-024, effective for all cases pending or filed on or after December 31, 2017.]

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-024, effective December 31, 2017, revised the provisions for voluntary dismissals, provided for the dismissal of cases in metropolitan court when the same charges are pending in both metropolitan and district court, made technical revisions to the rule, and revised the committee commentary; in Paragraph A, Subparagraph A(1), after "trial", deleted "if the charges are within metropolitan court trial jurisdiction", in Subparagraph A(2), deleted "prior to the commencement of a preliminary examination in the metropolitan court, if the charges are not within metropolitan court trial jurisdiction" and added "after the acceptance of a plea of guilty or no contest, but prior to sentencing"; in Paragraph B, after "shall", deleted "not", and after "exonerate a bond", deleted "prior to the expiration of the time for automatic exoneration pursuant to Subparagraphs A(1) or A(2) of" and added "only as provided in", after "Rule 7-406 NMRA", deleted "of these rules"; in Paragraph C, in the paragraph heading, deleted "cases within metropolitan court trial jurisdiction"; in Paragraph D, in the paragraph heading, added "cases within metropolitan court trial jurisdiction", and added the last sentence; and added Paragraph E. The 2004 amendment. - Paragraphs A and B of this rule are the same as Paragraphs A through B of Rule 7-506 prior to the August 1, 2004 amendment of that rule. Paragraph C of this rule relating to refiled complaints replaces former Paragraph C of Rule 7-506 NMRA. Paragraph D of this rule replaced former Paragraph D of Rule 7-506 NMRA. Applicability of 2004 amendments. - The August 1, 2004 amendment of this rule applies to cases filed in the metropolitan court on and after August 1, 2004. See the prior rule for cases filed prior to that date. Recompilations. - Pursuant to Supreme Court Order No. 17-8300-024, former 7-506A NMRA was recompiled and amended as 7-506.1 NMRA, effective December 31, 2017.

For procedure to withdrawal of a plea by the defendant or rejection plea by the court, see Rule 7-502 NMRA . For form on notice of dismissal of criminal complaint, see Criminal Form 9-415 NMRA.