N.M. R. Crim. P. Dist. Ct. 5-401.1

As amended through August 23, 2024
Rule 5-401.1 - Property bond; unpaid surety

Any bond authorized by Rule 5-401(E)(2)(b) NMRA shall be signed by the owner(s) of the real property as surety for the bond. The affidavit must contain a description of the property by which the surety proposes to justify the bond and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety remaining undischarged, and a statement that the surety is a resident of New Mexico and owns real property in this state having an unpledged and unencumbered net value equal to the amount of the bond. Proof may be required of the matters set forth in the affidavit. The provisions of this rule shall not apply to a paid surety.

N.M. R. Crim. P. Dist. Ct. 5-401.1

Adopted, effective October 1, 1987; as amended, effective September 1, 1990; 5-401A recompiled and amended as 5-401.1 by Supreme Court Order No. 17-8300-005, effective for all cases pending or filed on or after July 1, 2017.

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-005, effective July 1, 2017, specified in the rule heading that the rule applies to "property bonds", and revised the citation to the property bond provision in Rule 5-401 NMRA; in the rule heading, deleted "Bail" and added "Property bond"; in the first sentence, after "authorized by", deleted "Subparagraph (2) of Paragraph A of", and after "Rule 5-401", added "(E)(2)(b) NMRA". Recompilations. - Pursuant to Supreme Court Order No. 17-8300-005, former 5-401A NMRA was recompiled and amended as 5-401.1 NMRA, effective for all cases pending on or after July 1, 2017.