Rule 7-810 - Fugitive complaintA.Complaint. A fugitive action may be commenced in the metropolitan court by filing a sworn fugitive complaint:(1) identifying the defendant;(2) identifying the demanding state for which the defendant's arrest is being made;(3) stating the grounds for extradition; and(4) stating either that a warrant for the arrest of the defendant is sought or the date and time of arrest for extradition. The complaint may be amended by the state without leave of court prior to arraignment.
B.Where commenced. A fugitive action shall be commenced in the county in which the defendant has been arrested or where the defendant is expected to be found.C.Service of complaint. If the fugitive is arrested without a warrant, a fugitive complaint shall be prepared and given to the defendant prior to transferring the defendant to the custody of the detention facility. The complaint shall be filed with the metropolitan court at the time it is given to the defendant. If the court is not open at the time the copy of the complaint is given to the defendant, the complaint shall be filed the next business day of the court.N.M. R. Crim. P. Metro. Ct. 7-810
Adopted, effective 10/1/1996. For Uniform Criminal Extradition Act, see Section 31-4-1 NMSA 1978 et seq.