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New Mexico Court Rules
New Mexico Children's Court Rules and Forms
Article 7 - Forms for Delinquency and Youthful Offender Proceedings
Rule 10-732 - Waiver of preliminary examination and grand jury proceeding

N.M. R. Child. Ct. 10-732

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As amended through November 1, 2024
Rule 10-732 - Waiver of preliminary examination and grand jury proceeding

STATE OF NEW MEXICO

COUNTY OF _______________

_______________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

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

WAIVER OF PRELIMINARY EXAMINATION AND GRAND JURY PROCEEDING

I, the respondent child in the above cause, state that I have been advised that

1. I have a right to a preliminary examination and to have a judge determine if there is probable cause to bind the case over to the Children's Court for trial on the charges in the petition;
2. If I do not receive a preliminary examination, I have the right to have a grand jury hear the evidence in the case and to determine if there is probable cause to return an indictment for trial in the Children's Court; and
3. I do not have to give up my right to a preliminary examination or a grand jury proceeding before I enter a plea or before I am brought to trial in the Children's Court on the charges in the petition.

Knowing each of my rights as stated above, I nevertheless knowingly, freely, and voluntarily waive my right to a preliminary examination and a presentation to a grand jury.

________________________________

Signature of Respondent Child

________________________________

Date

________________________________

Attorney for Respondent Child

N.M. R. Child. Ct. 10-732

Adopted by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014; 10-433 recompiled and amended as 10-732 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 for all cases pending or filed on or after December 31, 2016, changed the caption of the case. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-433 NMRA was recompiled and amended as 10-732 NMRA, effective for all cases pending or filed on or after December 31, 2016.