N.M. R. Crim. P. Dist. Ct. 5-603

As amended through November 1, 2024

Rule 5-603 - Pretrial hearing

At any time after the filing of the information or indictment, the court may order the attorneys to appear before it for a hearing, at which the defendant shall have the right to be present, to consider:

A. the simplification of the issues;

B. the possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

C. the number of expert witnesses, character witnesses or other witnesses who are to give testimony of a cumulative nature; and

D. such other matters as may aid in the disposition of the trial.

Upon request of any party, a record shall be made of a hearing, or any part thereof, held pursuant to this rule.

The court shall make an order reciting the agreements made and matters determined which shall be signed by the court and the attorneys for the parties, and when entered shall control the subsequent course of the proceedings, unless thereafter modified.

This rule shall not be invoked in the case of any defendant who is not represented by counsel.

N.M. R. Crim. P. Dist. Ct. 5-603

Committee commentary. - This rule gives the court the authority to order a pretrial hearing to simplify the issues. The American Bar Association Standards Relating to Discovery and Procedure Before Trial recommend pretrial conferences be held in the following cases:

(1) when the anticipated trial is likely to be protracted;

(2) when the anticipated trial is otherwise likely to be complicated; and

(3) when counsel concur in requesting the conference. American Bar Association Standards Relating to Discovery and Procedure Before Trial, Section 5.4, Commentary (Approved Draft, 1970).

Some of the matters recommended to be considered at a pretrial conference include:

(1) making stipulations as to facts about which there can be no dispute;

(2) marking for identification various documents and other exhibits of the parties;

(3) waivers of foundation as to such documents;

(4) severance of defendants or offenses;

(5) seating arrangements for defendants and counsel;

(6) use of jurors and questionnaires;

(7) conduct of voir dire;

(8) number and use of peremptory challenges;

(9) procedure on objections where there are multiple counsel;

(10) order of presentation of evidence and arguments where there are multiple defendants;

(11) order of cross-examination where there are multiple defendants; and

(12) temporary absence of defense counsel during trial. American Bar Association Standards Relating to Discovery and Procedure Before Trial, Section 5.4(a) (Approved Draft, 1970).

With the adoption of UJI 14-5101 was amended to provide that the district court may order the parties to tender requested jury instructions prior to the close of the defendant's case. It is suggested that in complex cases, the pretrial hearing may be the appropriate time for a discussion of the applicable jury instructions.

ANNOTATIONS Compiler's notes. - This rule is similar to Rule 17.1 of the Federal Rules of Criminal Procedure. Absent legal authorization, judge lacks authority to order production of handwriting exemplars or be held in contempt, prior to arrest or charge. Sanchez v. Attorney Gen., 1979-NMCA-081, 93 N.M. 210, 598 P.2d 1170. Furnishing free transcript of hearing to indigents. - As defendant had extensive notes of the preliminary hearing and although defendant claimed indigency insofar as being able to pay for the transcript, he made no reasonable showing in support of this claim, and defendant's attorney was employed counsel, these circumstances do not warrant defendant's being furnished with a free transcript. State v. Apodaca, 1969-NMCA-038, 80 N.M. 244, 453 P.2d 764 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law §§ 550, 555 to 559. Guilty plea safeguards as applicable to stipulation allegedly amounting to guilty plea in state criminal trial, 17 A.L.R.4th 61. 22 C.J.S. Criminal Law § 340 et seq.