N.M. R. Mun. Ct. P. 8-206

As amended through November 1, 2024

Rule 8-206 - Bench warrants

A.Failure to appear or act. If any person who has been ordered by the municipal judge to appear at a certain time and place or to do a particular thing fails to appear at such specified time and place in person or by counsel when permitted by these rules or to do the thing so ordered, the court may issue a warrant for the person's arrest. Unless the municipal judge has personal knowledge of such failure, no bench warrant shall issue except upon a sworn written statement of probable cause. The court shall not issue a bench warrant for failure to pay fines, fees, or costs unless the defendant has failed to timely respond to a summons issued in accordance with Rule 8-206.1 NMRA.

B.Law enforcement information system. If a bench warrant is issued in a driving while under the influence of intoxicating liquor or drugs proceeding, upon execution of the bench warrant, the court shall cause the warrant to be entered into a warrant information system maintained by a law enforcement agency. A copy of the warrant shall be docketed in the case file.

C.Execution and return. A bench warrant shall be executed and returned in the same manner as an arrest warrant. The return shall be docketed in the case file.

D.Duty to remove warrant. If the warrant has been entered into a law enforcement information system, upon arrest of the defendant, the person executing the warrant shall cause it to be removed from the system. If the court withdraws the warrant, the court shall cause the warrant to be removed from the warrant information system.

N.M. R. Mun. Ct. P. 8-206

As amended, effective 7/1/1999; as amended by Supreme Court Order No. 17-8300-001, effective for all cases pending or filed on or after4/17/2017.

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-001, effective April 17, 2017, prohibited the municipal court from issuing a bench warrant for failure to pay fines, fees, or costs unless the defendant has failed to timely respond to a summons; and in Paragraph A, added the last sentence of the paragraph. The 1999 amendment, effective July 1, 1999, added Paragraphs B and D, redesignating former Paragraph B as Paragraph C, and in Paragraph C, in the first sentence, deleted "issued pursuant to Rule 8-205 of these rules" and made a minor stylistic change, and added the last sentence. Compiler's notes. - The 2015 amendment to Rule 8-206 NMRA, approved by Supreme Court Order No. 15-8300-015, effective December 31, 2015, was withdrawn by Supreme Court Order No. 15-8300-025, effective December 1, 2015.

For form on affidavit for bench warrant, see Rule 9-211 NMRA. For forms on bench warrant and return, see Rule 9-212 NMRA. For the statutory requirement that the state police maintain a criminal identification system, see Section 29-3-1 NMSA 1978. "Personal knowledge" exception. - The "personal knowledge" exception to the affidavit requirement appears to recognize that there is no point in the municipal judge executing an affidavit when the judge has personal knowledge of facts constituting probable cause. State v. Pinela, 1992-NMCA-025, 113 N.M. 627, 830 P.2d 179. Municipal judge had sufficient "personal knowledge" to support the bench warrant from his review of the information on the unsworn affidavit from the clerk's office. State v. Pinela, 1992-NMCA-025, 113 N.M. 627, 830 P.2d 179. Am. Jur. 2d, A.L.R. and C.J.S. references. - 22 C.J.S. Criminal Law § 355.