N.M. R. Mun. Ct. P. 8-506

As amended through August 23, 2024

Rule 8-506 - Time of commencement of trial

A.Time limits for arraignment.

(1)Defendant not in custody. A defendant who is not in custody shall be arraigned on the complaint or citation within thirty (30) days after the filing of the complaint or citation or the date of arrest, whichever is later. If the defendant fails to appear by the appearance date on a citation, the court shall issue a summons commanding the defendant to appear for arraignment within thirty (30) days of the initial appearance date on the citation.

(2)Defendant in custody. A defendant who is in custody within this state shall be arraigned on the complaint or citation as soon as practicable, but in any event no later than three (3) days after the date of arrest if the defendant is being held in the local detention center, or no later than five (5) days after the date of arrest if the defendant is not being held in the local detention center.

B.Time limits for commencement of trial. The trial of a criminal citation or complaint shall be commenced within one hundred eighty-two (182) days after whichever of the following events occurs latest:

(1) the date of arraignment or the filing of a waiver of arraignment of the defendant;

(2) if an evaluation of competency has been ordered, the date an order or remand is filed in the municipal court finding the defendant competent to stand trial;

(3) if a mistrial is declared by the trial court, the date that order is filed in the municipal court;

(4) in the event of a remand from an appeal or request for extraordinary relief, the date the mandate or order is filed in the municipal court disposing of the appeal or request for extraordinary relief;

(5) if the defendant is arrested for failure to appear or surrenders in this state for failure to appear, the date of arrest or surrender of the defendant;

(6) if the defendant is arrested for failure to appear or surrenders in another state or country for failure to appear, the date the defendant is returned to this state; or

(7) if the defendant has been placed in a preprosecution diversion program, the date a notice is filed in the municipal court that the preprosecution diversion program has been terminated for failure to comply with the terms, conditions, or requirements of the program.

C.Extension of time. The time for commencement of trial may be extended by the court:

(1) on the filing of a written waiver of the provisions of this rule by the defendant and approval of the court;

(2) on motion of the defendant, for good cause shown, and approval of the court, for a period not exceeding sixty (60) days, but the aggregate of all extensions granted under this subparagraph shall not exceed sixty (60) days; or

(3) on stipulation of the parties and approval of the court, for a period not exceeding sixty (60) days, but the aggregate of all extensions granted under this subparagraph shall not exceed sixty (60) days;

(4) on withdrawal of a plea or rejection of a plea for a period up to ninety (90) days;

(5) on a determination by the court that exceptional circumstances exist that were beyond the control of the prosecution or the court that prevented the case from being heard within the time period and a written finding that the defendant would not be unfairly prejudiced, the court may grant further extensions that are necessary in the interests of justice; or

(6) if defense counsel fails to appear for trial within a reasonable time, for a period not to exceed one hundred eighty-two (182) days, but the aggregate of all extensions granted under this subparagraph may not exceed one hundred eighty-two (182) days.

D.Time for filing motion. A motion to extend the time period for commencement of trial under Paragraph C of this rule may be filed at any time within the applicable time limits or on exceptional circumstances shown within ten (10) days after the expiration of the time period. At the request of either party, the court shall hold a hearing before the commencement of trial to determine whether an extension may be appropriately granted.

E.Effect of noncompliance with time limits.

(1) The court may deny an untimely petition for extension of time or may grant it and impose other sanctions or remedial measures, as the court may deem appropriate in the circumstances.

(2) In the event the trial of any person does not commence within the time limits provided in this rule, including any court-ordered extensions, the case shall be dismissed with prejudice.

N.M. R. Mun. Ct. P. 8-506

As amended, effective 8/1/1999;8/1/2004; as amended by Supreme Court Order No. 07-8300-26, effective 11/1/2007; by Supreme Court Order No. 08-8300-057, effective 1/15/2009; as amended by Supreme Court Order No. 13-8300-019, effective for all cases pending or filed on or after12/31/2013; as amended by Supreme Court Order No. 16-8300-002, effective for all cases filed on or after5/24/2016; as amended by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after7/1/2017; as amended by Supreme Court Order No. S-1-RCR-2023-00021, effective for all cases pending or filed on or after 12/31/2023.

Committee commentary. -

Exceptional circumstances. - "Exceptional circumstances," as used in this rule, would include conditions that are unusual or extraordinary, such as death or illness of the judge, prosecutor, or defense attorney immediately preceding the commencement of the trial; or other circumstances that ordinary experience or prudence would not foresee, anticipate, or provide for. The court may grant an extension for exceptional circumstances only if the court finds that the extension will not unfairly prejudice the defendant. The defendant may move the court to dismiss the case based on a particularized showing that the extension or impending extension would subject the defendant to oppressive pretrial incarceration, anxiety and concern, or the possibility that the defense will be impaired.

Constitutional right to speedy trial. - This rule is distinct from any speedy trial rights a defendant may have under the constitutions and laws of the United States and the State of New Mexico. See State v. Urban, 2004-NMSC-007, 135 N.M. 279, 87 P.3d 1061 for the factors to be considered.

Duty of prosecutor. - It is the continuing duty of the prosecutor to seek the commencement of trial within the time specified in this rule.

Computation of time. - Time periods are computed under Rule 8-104 NMRA.

Paragraph A. - Paragraph A of this rule requires arraignment within thirty (30) days after the filing of the complaint or citation or the date of arrest, whichever is later. For defendants in custody, arraignment is required within three (3) days after the date of arrest if the defendant is being held in the local jail, or five (5) days after the date of arrest, if the defendant is being held in another jurisdiction. A failure to arraign the defendant within the time limitation will not result in a dismissal of the charge unless the defendant can show some prejudice because of the delay. Local detention center" is defined as "one that is commonly used by the municipal court in the normal course of business and not necessarily within the territorial jurisdiction of the court." Rule 8-401(A)(3) NMRA.

Paragraph B. - A violation of Paragraph B of this rule can result in a dismissal with prejudice under Paragraph E of this rule. See also State v. Lopez, 1976-NMSC-012, ¶ 3, 89 N.M. 82, 547 P.2d 565. However, the rules do not create a jurisdictional barrier to prosecution. The defendant must raise the issue and seek dismissal. See State v. Vigil, 1973-NMCA-089, ¶ 28, 85 N.M. 328, 512 P.2d 88. If the state in good faith files a nolle prosequi under Rule 8-506.1(C) and (D) NMRA and later files the same charge, the trial on the refiled charges shall be commenced within the unexpired time for trial under Rule 8-506 NMRA, unless, under Rule 8-506.1(D) NMRA, the court finds the refiled complaint should not be treated as a continuation of the same case.

[As amended by Supreme Court Order No. 08-8300-057, effective January 15, 2009; as amended by Supreme Court Order No. 13-8300-019, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 16-8300-002, effective for all cases filed on or after May 24, 2016; as amended by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after July 1, 2017; as amended by Supreme Court Order No. 17-8300-022, effective for all cases pending or filed on or after December 31, 2017; as amended by Supreme Court Order No. S-1-RCR-2023-00021, effective for all cases pending or filed on or after December 31, 2023.]

ANNOTATIONS The second 2017 amendment, approved by Supreme Court Order No. 17-8300-022, in the last paragraph of the committee commentary, effective December 31, 2017, changed "Paragraphs C and D of Rule 8-506A" to "Rule 8-506.1(C) and (D)". The first 2017 amendment, approved by Supreme Court Order No. 17-8300-005, effective July 1, 2017, revised the provisions relating to time limits for arraignment of defendants who are in custody and for defendants who are not in custody, and revised the committee commentary; in Paragraph A, in the heading, added "Time limits for", added subparagraph designations "(1)" and "(2)", in Subparagraph A(1), added the heading, deleted "The" and added "A", after the first occurrence of "defendant", added "who is not in custody", and added the last sentence, and in Subparagraph A(2), added the heading, after the first occurrence of "defendant", added "who is", after "citation as soon as", deleted "practical" and added "practicable", after "no later than", deleted "four (4)" and added "three (3)", and after "date of arrest", added "if the defendant is being held in the local detention center, or no later than five (5) days after the date of arrest if the defendant is not being held in the local detention center". The 2016 amendment, approved by Supreme Court Order No. 16-8300-002, effective May 24, 2016, increased the maximum amount of time for which a defendant may request an extension of time for commencement of trial, removed the provision that the aggregate of all extensions under Subparagraph C(5) may not exceed sixty days, required the court to make certain findings regarding prejudice to the defendant when granting certain extensions of time, and revised the committee commentary to clarify that the court must consider prejudice to the defendant when considering an extension of time based on exceptional circumstances and to make technical corrections; in Subparagraph C(2), after "a period not exceeding", deleted "thirty (30)" and added "sixty (60)"; in Paragraph C(5), after "beyond the control of", deleted "state" and added "prosecution", after "within the time period", deleted "provided that the aggregate of all extensions granted under this subparagraph may not exceed sixty (60) days" and added "and a written finding that the defendant would not be unfairly prejudiced, the court may grant further extensions that are necessary in the interests of justice"; in Paragraph D, after "for commencement of trial", deleted "pursuant to" and added "under"; in the committee commentary, in the paragraph under the heading "Exceptional circumstances", added the last two sentences, and in the paragraph under the heading "Computation of Time", added vendor neutral citations to the cases cited. The 2013 amendment, approved by Supreme Court Order No. 13-8300-019, effective December 31, 2013, provided a time limit after arrest for the arraignment of a defendant in custody, provided for the extension of the time for the commencement of trial, and required dismissal with prejudice of a complaint for noncompliance with the time limit for commencement of trial; in Paragraph A, added the second sentence; and in Paragraph E, deleted the former rule which required that a complaint be dismissed with prejudice if trial did not commence within the prescribed time limit or any extension, and added Subparagraphs (1) and (2). The 2008 amendment, approved by Supreme Court Order No. 08-8300-057, effective January 15, 2009, in Paragraph E, changed "shall" to "may" and added "or the court may consider other sanctions as appropriate" to the end of the sentence. The 2007 amendment, approved by Supreme Court Order No. 07-8300-026, effective November 1, 2007, revised Paragraph C to increase the time limits in each subparagraph from 30 to 60 days and add a new Subparagraph (6) of Paragraph C to provide for an extension of the time for trial if defense counsel fails to appear for trial and amended Subparagraph (4) of Paragraph B to provide for trials to occur within 182 days after a request for extraordinary relief. The 2004 amendment, effective August 1, 2004, deleted all of former Paragraphs A through E and added new Paragraph A through E of this rule. See Paragraphs A through C of Rule 8-506A NMRA for former Paragraphs A through C of Rule 8-506 NMRA Applicability of 2004 amendment. - The August 1, 2004 amendment of this rule applies to cases filed in the municipal courts on and after August 1, 2004. See the prior rule for cases filed prior to that date.

For procedure to withdrawal of a plea by the defendant or rejection plea by the court, see Rule 8-502 NMRA. For form on order dismissing criminal complaint with prejudice, see Criminal Form 9-414 NMRA.