N.M. R. Crim. P. Dist. Ct. 5-202

As amended through November 1, 2024

Rule 5-202 - General rules of pleadings

A.Form. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number and a designation as to the type of pleading.

B.Adoption by reference. Statements made in one part of a pleading may be adopted by reference in another part of the same pleading.

C.Name of defendant. In any pleading, the name of the defendant, if known, shall be stated. If the name of the defendant is not known, he may be described by any name or description by which he can be identified with reasonable certainty.

D.Joinder of defendants. No complaint, information or indictment may charge more than one defendant. Defendants may be joined for trial pursuant to Rule 5-203.

N.M. R. Crim. P. Dist. Ct. 5-202

As amended, effective March 1, 1991.

Committee commentary. - "Pleading," as used in this rule, includes a complaint, an information or an indictment. See Paragraph A of Rule 5-201 NMRA.

Paragraph A of this rule is patterned after Paragraph A of Rule 1-010 NMRA. Paragraph B of this rule is patterned after Paragraph C of Rule 1-010 NMRA.

ANNOTATIONS The 1991 amendment, effective for cases filed in the district courts on or after March 1, 1991, added Paragraph D. Am. Jur. 2d, A.L.R. and C.J.S. references. - 71 C.J.S. Pleading §§ 5, 9.