N.M. R. Child. Ct. 10-717

As amended through August 23, 2024

Rule 10-717 - Petition to revoke probation

[For use with Rule 10-261 NMRA] STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

PETITION TO REVOKE PROBATION¹

The undersigned states that the above-named child has violated the terms of probation entered on the ____ day of ____________ , ______ .

The child's birthdate is: ________________________________________________ .

The child's address is: ________________________________________________ .

The facts giving rise to this petition are: ___________________________________

______________________________________________________________________

______________________________________________________________________

(include the terms of probation alleged to have been violated and the factual basis for revocation of probation, including dates of violation.)

The names and addresses of the child's parents, guardian, or custodian are:

_____________________________________________________________________

______________________________________________________________________

The best interests of the child and the public require that this petition be filed.

(complete applicable parts)

[ ] The child is not in detention.

[ ] The child is being detained at ________________ , __________________ , New Mexico.

The child has been in detention since _____ (a.m.) (p.m.) on the _____ day of _________________ , ______ .

____________________________________

Children's Court Attorney

USE NOTES

1. This form may also be used to revoke a consent decree.

2. A petition to revoke probation or a consent decree may be served in the manner provided for service of pleadings and papers. See Rules 10-104, - 105, - 106 NMRA.

N.M. R. Child. Ct. 10-717

As amended, effective 8/1/1999; 10-418 recompiled and amended as 10-717 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective December 31, 2016, changed the caption of the case, and revised the Use Note; after "(include the terms of probation alleged to have been violated and the factual basis for revocation of probation", added "including dates of violation", and in the Use Note, deleted "Rules 10-105 [Rule 10-104 NMRA], 10-105.1 [Rule 10-105 NMRA] and 10-105.2 [Rule 10-106 NMRA] NMRA" and added "Rules 10-104, - 105, - 106 NMRA". The 1999 amendment, effective August 1, 1999, deleted "(PROBATION) (CONSENT DECREE)" preceding "PROBATION" in the heading; substituted "probation" for "(probation) (the consent decree)" and deleted "and is in need of care or rehabilitation" at the end of the first paragraph; deleted "or consent decree" following "terms of probation" and substituted "revocation of probation" for "such allegations" in the parenthetical at the end of the fourth paragraph; added the use note; and made gender neutral changes and minor stylistic changes throughout the form. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-418 NMRA was recompiled and amended as 10-717 NMRA, effective for all cases pending or filed on or after December 31, 2016.