N.M. R. Crim. P. Metro. Ct. 7-609

As amended through November 1, 2024

Rule 7-609 - Instructions to juries

A.Procedural instructions. After the parties have completed their presentation of the evidence and before arguments to the jury, the judge shall orally instruct the jury on the procedure to be followed by it 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. Metro. Ct. 7-609

As amended, effective 1/1/1994.

ANNOTATIONS The 1994 amendment, effective January 1, 1994, added all of the language at the end of Paragraph A beginning "Such instructions shall be given"; and in Paragraph B, substituted the present paragraph heading for "UJI and requested instructions" and rewrote the paragraph, which read "The judge shall give the jury applicable instructions contained in UJI Criminal and, if requested by a party or on his own motion, and if he deems it appropriate, the judge may give the jury any other appropriate instructions."