N.M. R. Mun. Ct. P. 8-201

As amended through November 1, 2024

Rule 8-201 - [Effective 12/31/2024] Commencement of action

A.How commenced. An action is commenced by filing one of the following with the court:

(1) a complaint consisting of a signed, sworn written statement containing the facts, the common name of the offense charged, and where applicable, a specific section number of either the municipal ordinance or the New Mexico Statutes Annotated, 1978 Compilation, that contains the offense. A separate complaint shall be filed for each defendant;

(2) a traffic citation issued and signed by a state or local traffic enforcement officer under Section 66-8-130 NMSA 1978;

(3) a citation issued and signed by an official authorized by law that contains the name and address of the cited person, the specific offense charged, a citation to the specific section of law violated, and the time and place to appear. Unless the person requests an earlier date, the time specified in the citation shall be at least three (3) days after issuance of the citation; or

(4) an order finding a person to be in direct criminal contempt.

A copy of every citation issued shall be delivered to the person cited, and the original shall be filed with the municipal court within seven (7) days of the issuance of the citation or, in any event, no later than one (1) day prior to the date cited for the defendant to appear. Any citation that sets an appearance date and is untimely filed may be dismissed with or without prejudice by the court on its own motion. All complaints and citations shall be signed, as defined in Rule 8-209(J) NMRA, and the municipal court shall not accept for filing any unsigned complaint or citation. In the event that an unsigned complaint or citation commences an action, the case shall be dismissed without prejudice.

B.Jurisdiction. Municipal courts have jurisdiction in all cases as may be provided by law.

C.Where commenced. The action shall be commenced in the municipality where the offense is alleged to have been committed.

D.When commenced. All prosecutions for the commission of any offense made punishable by ordinance shall be commenced within the time provided by law.

E.Arrest without a warrant; criminal complaint. In all municipal court cases, if the defendant is arrested without a warrant, a criminal complaint shall be prepared and a copy given to the defendant and the local detention center at the time of transferring the defendant to the custody of the detention facility. If the defendant is not provided a copy of the criminal complaint upon transfer to a detention facility, without just cause or sufficient reason, the complaint may be dismissed without prejudice or the defendant may be released from custody. If the defendant is in custody and the court is open, the complaint shall be filed immediately with the municipal court. If the court is not open the complaint shall be filed the next business day of the court. If the defendant is not in custody, the complaint shall be filed with the court within seventy-two (72) hours. If the criminal complaint is not filed within the deadlines stated above, the case shall be dismissed without prejudice.

F.Name of defendant. In every complaint or citation, the name of the defendant, if known, shall be stated. A defendant whose name is not known may be described by any name or description by which the defendant can be identified with reasonable certainty.

N.M. R. Mun. Ct. P. 8-201

As amended, effective 9/1/1990;11/1/1991;5/1/1997;9/15/1997; as amended by Supreme Court Order No. 08-8300-047, effective 12/31/2008; as amended by Supreme Court Order No. 16-8300-007, effective for all cases pending or filed on or after12/31/2016; as amended by Supreme Court Order No. 20-8300-008, effective for all cases pending or filed on or after 12/31/2020; as amended by Supreme Court Order No. 21-8300-022, effective for all cases filed on or after 12/31/2021; as amended by Supreme Court Order No. S-1-RCR-2023-00003, effective for all cases filed on or after 12/31/2024.

Committee commentary. - For purposes of Paragraph E of this rule, the court may temporarily open a file and begin background investigation and scheduling of hearings using the copy of the criminal complaint provided to the local detention center upon arrest of a defendant without a warrant while waiting for the original complaint. Due to the requirement of background investigation and validated risk assessment on some cases, the court needs time to perform these duties. In any event, the original criminal complaint must still be filed within the deadlines provided in Paragraph E of this rule for the action to continue.

[Adopted by Supreme Court Order No. S-1-RCR-2023-00003, effective for all cases filed on or 15 after December 31, 2024.]

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-007, effective December 31, 2016, provided that all complaints and citations commencing an action in the municipal courts must be signed, that the municipal court shall not accept for filing any unsigned complaint or citation and that any case commenced by an unsigned complaint or citation shall be dismissed without prejudice; in Paragraph (A), in the introductory sentence, after "commenced by filing", added "one of the following"; in Subparagraph (A)(1), after "consisting of a signed", added "sworn written", after "the facts", added "the", after "section number of", added "either", after "municipal ordinance or", added "the", and after "Compilation", deleted "which" and added "that"; in Subparagraph (A)(2), after "citation issued", added "and signed", and after "officer", deleted "pursuant to" and added "under"; in Subparagraph (A)(3), after "citation issued", added "and signed", and after "issuance of the citation", added "or"; deleted Subparagraph (A)(4) and redesignated former Subparagraph (A)(5) as Subparagraph (A)(4); in Subparagraph (A)(4), after "in direct", added "criminal", and after Subparagraph (A)(4), added the last two sentences of the undesignated paragraph. The 2008 amendment, approved by Supreme Court Order No. 08-8300-047, effective December 31, 2008, in Paragraph A, added Subparagraphs (4) and (5). The second 1997 amendment, effective September 15, 1997, added "A separate complaint shall be filed for each defendant" at the end of Subparagraph A(1) and added the last undesignated paragraph of Paragraph A. The first 1997 amendment, effective May 1, 1997, rewrote Subparagraph (3) of Paragraph A. The 1991 amendment, effective for cases filed in the municipal courts on or after November 1, 1991, in Paragraph E, rewrote the second sentence, which formerly read "The complaint shall at that time be filed with the municipal court", inserted "and the defendant remains in custody," in the third sentence, and added the last sentence. The 1990 amendment, effective for cases filed in the municipal courts on or after September 1, 1990, rewrote Paragraphs A and E.

For criminal complaint, see Rule 9-202 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Actions §§ 10, 11 et seq. 1A C.J.S. Actions § 237 et seq.