N.M. R. Mun. Ct. P. 8-306

As amended through November 1, 2024

Rule 8-306 - Joinder; consolidation; severance

A.Joinder of offenses. Two or more offenses shall be joined in one complaint with each offense stated in a separate count, if the offenses:

(1) are of the same or similar character, even if not part of a single scheme or plan; or

(2) are based on the same conduct or on a series of acts either connected together or constituting parts of a single scheme or plan.

B.Consolidation for preliminary examination or trial. The court may order two or more complaints against a single defendant to be tried or heard on preliminary examination together if the offenses could have been joined in a single complaint. The court may consolidate for preliminary examination or trial of two or more defendants if the offenses charged are based on the same or related acts.

C.Motion for severance. If it appears that a defendant or the prosecutor is prejudiced by a joinder of offenses or consolidation of defendants in any complaint or by joinder for trial, the court may order separate trials of offenses, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance, the court may order the prosecutor to deliver to the court for inspection in camera any statements or confessions made by the defendants which the prosecution intends to introduce in evidence at the trial.

N.M. R. Mun. Ct. P. 8-306

As amended, effective 9/1/1990;9/15/1997.

ANNOTATIONS The 1997 amendment, effective September 15, 1997, deleted "defendants" from the Paragraph A, heading, deleted former Subparagraphs A(2) and A(3) relating to joinder of defendants, rewrote Paragraph B, and inserted "motion for" in the paragraph heading, substituted "defendant or the prosecutor" for "party" and inserted "consolidation" and "in any complaint or by joinder for trial" in Paragraph C. The 1990 amendment, effective for cases filed in the municipal courts on or after September 1, 1990, substituted "may, with leave of the court," for "shall" near the beginning of Subparagraph (2) of Paragraph A. Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Actions § 103 et seq. Right to severance where two or more persons are jointly accused, 70 A.L.R. 1171, 104 A.L.R. 1519, 131 A.L.R. 917, 54 A.L.R.2d 830. Right to severance where codefendant has incriminated himself, 54 A.L.R.2d 830. Appealability of order sustaining demurrer, or its equivalent, to complaint on ground of misjoinder or nonjoinder of parties or misjoinder of causes of action, 56 A.L.R.2d 1238. Consolidated trial upon several indictments or information against same accused, over his objection, 59 A.L.R.2d 841. Time for making application for consolidation of actions, 73 A.L.R.2d 739. Appealability of state court order granting or denying consolidation, severance or separate trials, 77 A.L.R.3d 1082. 1A C.J.S. Actions §§ 105 et seq., 204 et seq.