N.M. R. Mun. Ct. P. 8-507

As amended through August 23, 2024
Rule 8-507 - Insanity; transfer to district court

If the defendant raises the defense of "not guilty by reason of insanity at the time of commission of an offense", the action shall be transferred to the district court for further proceedings under the Rules of Criminal Procedure for the District Courts. The municipal court shall retain jurisdiction over the defendant and conditions of release until the action is filed in district court.

N.M. R. Mun. Ct. P. 8-507

As amended by Supreme Court Order No. 11-8300-041, effective for cases filed on or after12/2/2011; as amended by Supreme Court Order No. 18-8300-023, effective for all cases filed on or after2/1/2019.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, removed provisions related to the mental competency of the defendant to stand trial; in the heading, deleted " or incompetency"; deleted "pleads" and added "raises the defense of", and "at the time of commission of an offense", and deleted "or if an issue is raised as to the mental competency of the defendant to stand trial". The 2011 amendment, approved by Supreme Court Order No. 11-8300-042, effective December 2, 2011, added the last sentence to provide for the retention of jurisdiction by the municipal court until the action is filed in district court.

For form on transfer order, see Rule 9-404 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - Insanity of accused as affecting right to bail in criminal case, 11 A.L.R.3d 1385.