N.M. R. Crim. P. Dist. Ct. 5-104
When the period is stated as eleven (11) days or a longer unit of time
N.M. R. Crim. P. Dist. Ct. 5-104
Committee commentary. - This rule is derived from civil procedure Rule 1-006 NMRA.
In 2014, the Joint Committee on Rules of Procedure amended the time computation rules, including Rules 1-006, 2-104, 3-104, 5, 104, 6-104, 7-104, 8-104, 10-107, and 12-308 NMRA, and restyled the rules to more closely resemble the federal rules of procedure. See Fed. R. Civ. Pro. 6; Fed. R. Crim. Pro. 45. The method of computing time set forth in this rule may be expressly superseded by other rules. See, e.g., Rule 5-301 NMRA (requiring the court to make a probable cause determination within forty-eight (48) hours of a warrantless arrest, notwithstanding the time computation provisions in this rule).
Subparagraph (A)(4) of this rule contemplates that the court may be closed or unavailable for filing due to weather, technological problems, or other circumstances. A person relying on Subparagraph (A)(4) to extend the time for filing a paper should be prepared to demonstrate or affirm that the court was closed or unavailable for filing at the time that the paper was due to be filed under Subparagraph (A)(1), (A)(2), or (A)(3).
[As amended by Supreme Court Order No. 09-8300-009, effective May 6, 2009; as amended by Supreme Court Order No. 14-8300-016, effective for all cases pending or filed on or after December 31, 2014.]
ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-030, effective December 31, 2016, made punctuation changes throughout the rule. The 2014 amendment, approved by Supreme Court Order No. 14-8300-016, effective December 31, 2014, completely rewrote the rule; deleted former Paragraph A which provided rules for computation of time by excluding the day of the event from which the period of time began to run, including the last day of the period of time, excluding Saturdays, Sundays, legal holidays and days of severe inclement weather, and defined legal holidays; deleted former Paragraph B which provided for the enlargement of the period of time by the court; deleted former Paragraph C which provided for the service of motions for the enlargement of the period of time and for ex parte applications; deleted former Paragraph D, which provided for a three day enlargement of the period of time when a party was served by mail; and added current Paragraphs A through D. The 2009 amendment, approved by Supreme Court Order 09-8300-009, effective May 6, 2009, in Paragraph B(2), at the beginning of the sentence in the last paragraph, added "Except as otherwise provided in these rules," and at the end of the same sentence, added ", for filing a notice of intent to seek the death penalty, for filing petitions for writs of certiorari seeking review of denials of habeas corpus petitions by the district court". The 2006 amendment, effective December 18, 2006, revised the last sentence of Paragraph B to substitute "filing a motion" for "making a motion", "for filing a notice of appeal" for "taking an appeal", "filing a motion for acquittal" for "or making a motion for acquittal" and "for filing an extension of time" for "for extending time". The 1995 amendment, effective October 1, 1995, in Paragraph A, inserted "or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible", substituted "one of the aforementioned days" for "a Saturday, a Sunday or a legal holiday", and added the last two sentences. Compiler's notes. - This rule is similar to Rule 45 of the Federal Rules of Criminal Procedure.
For time limits, see Rule 5-604 NMRA. For computation of time in civil cases filed in the district court, see Rule 1-006 NMRA. Time for ruling on motion for extending time for commencement of trial under Rule 5-604. - Because Rule 5-604 NMRA does not provide a time within which the applicable court must rule on a timely-filed motion for extending the time for commencement of trial, it must be construed according to other rules of criminal procedure. Specifically, Rule 5-601(F) NMRA establishes a general rule that all motions shall be disposed of within a reasonable time after filing and Subparagraph (1) of Paragraph B of this rule recognizes the discretion of the district court to enlarge a time limitation contained in the Rules of Criminal Procedure if requested before the applicable time limitation expires. Under those rules, the district court has reasonable time after filing to rule on a timely-filed petition under Rule 5-604(E) NMRA, regardless of the expiration of the six-month period of Rule 5-604(B) NMRA. State v. Sandoval, 2003-NMSC-027, 133 N.M. 399, 62 P.3d 1281. Where limitation period expires on Sunday, Monday trial timely. - Where the 180-day limitation period of 31-5-12 NMSA 1978 expires on a Sunday, a trial is timely if held the next day. State v. Alderete, 1980-NMCA-084, 95 N.M. 691, 625 P.2d 1208, cert. denied, 94 N.M. 674, 615 P.2d 991. Enlargement of time to rule on motion for new trial. - Where the defendant filed a motion for a new trial at a hearing at which the district court granted a continuance to rule on defendant's sentencing for the purpose of receiving a forensic evaluation by defendant's expert, the district court enlarged the thirty day period to rule on the motion for a new trial as allowed by Rule 104 NMRA. State v. Moreland, 2007-NMCA-047, 141 N.M. 549, 157 P.3d 728, cert. granted, 2007-NMCERT-004. Am. Jur. 2d, A.L.R. and C.J.S. references. - 71 C.J.S. Pleading § 416.