N.M. R. Crim. P. Metro. Ct. 7-201

As amended through August 23, 2024

Rule 7-201 - Commencement of action

A.How commenced. A criminal action is commenced by filing one of the following with the court:

(1) a complaint consisting of a signed, sworn written statement containing the facts, the common name of the offense charged, and where applicable, a specific section number of either the New Mexico Statutes Annotated, 1978 Compilation, or the county or municipal ordinance that contains the offense. A separate complaint shall be filed for each defendant;

(2) a traffic citation issued and signed by a state or local traffic enforcement officer under Section 66-8-130 NMSA 1978;

(3) a citation issued and signed by an official authorized by law that contains the name and address of the cited person, the specific offense charged, a citation to the specific section of law violated, and the time and place to appear. Unless the person requests an earlier date, the time specified in the citation shall be at least three (3) days after issuance of the citation; or

(4) an order finding a person to be in direct criminal contempt.

A copy of every citation issued shall be delivered to the person cited, and the original shall be filed with the metropolitan court within seven (7) days of the issuance of the citation or, in any event, no later than one (1) day prior to the date cited for the defendant to appear. Any citation that sets an appearance date and is untimely filed may be dismissed with or without prejudice by the court on its own motion. All complaints and citations shall be signed, as defined in Rule 7-210(J) NMRA, and the metropolitan court shall not accept for filing any unsigned complaint or citation. In the event that an unsigned complaint or citation commences an action, the case shall be dismissed without prejudice.

B.Jurisdiction. Metropolitan judges have jurisdiction in all cases as may be provided by law.

C.Where commenced. Unless otherwise provided by law, the action must be commenced in the metropolitan district where the crime is alleged to have been committed.

D.Arrest without a warrant; criminal complaint. In all criminal cases, including cases that are not within metropolitan court trial jurisdiction, if the defendant is arrested without a warrant, a criminal complaint shall be prepared and a copy given to the defendant prior to transferring the defendant to the custody of the detention facility. If the defendant is not provided a copy of the criminal complaint upon transfer to a detention facility, without just cause or sufficient reason, the complaint may be dismissed without prejudice or the defendant may be released from custody. If the defendant is in custody and the court is open, the complaint shall be filed immediately with the metropolitan court. If the court is not open, and the defendant remains in custody, the complaint shall be filed the next business day of the court. If the defendant is not in custody, the complaint shall be filed with the court as soon as practicable.

E.Name of defendant. In every complaint or citation the name of the defendant, if known, shall be stated. A defendant whose name is not known may be described by any name or description by which such defendant can be identified with reasonable certainty.

N.M. R. Crim. P. Metro. Ct. 7-201

As amended, effective 9/1/1990;11/1/1991;5/1/1997;9/15/1997; as amended by Supreme Court Order No. 10-8300-012, effective 5/10/2010; as amended by Supreme Court Order No. 16-8300-007, effective for all cases pending or filed on or after12/31/2016; as amended by Supreme Court Order No. 20-8300-008, effective for all cases pending or filed on or after 12/31/2020; as amended by Supreme Court Order No. 21-8300-022, effective for all cases filed on or after 12/31/2021.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-007, effective December 31, 2016, provided that all complaints and citations commencing an action in the metropolitan court must be signed, that the metropolitan court shall not accept for filing any unsigned complaint or citation and that any case commenced by an unsigned complaint or citation shall be dismissed without prejudice; in Paragraph (A), in the introductory sentence, after "commenced by filing", added "one of the following"; in Subparagraph (A)(1), after "consisting of a", added "signed", after "sworn", added "written", after "the facts", added "the", after "section number of", added "either the", and after "Compilation, or", deleted "the specific section of", and after "municipal ordinance", deleted "which" and added "that; in Subparagraph (A)(2), after "citation issued", added "and signed", and after "officer", deleted "pursuant to" and added "under"; in Subparagraph (A)(3), after "citation issued", added "and signed", and after "issuance of the citation", added "or"; deleted Subparagraph (A)(4) and redesignated former Subparagraph (A)(5) as Subparagraph (A)(4); in Subparagraph (A)(4), after "in direct", added "criminal", and after Subparagraph (A)(4), added the last two sentences of the undesignated paragraph; and in Paragraph (D), after "including cases", deleted "which" and added "that". The 2010 amendment, approved by Supreme Court Order No. 10-8300-012, effective May 10, 2010, added Subparagraphs (4) and (5) of Paragraph A. The second 1997 amendment, effective September 15, 1997, added "A separate complaint shall be filed for each defendant" at the end of Subparagraph A(1). The first 1997 amendment, effective May 1, 1997, rewrote Subparagraph (3) of Paragraph A which related to a criminal citation complying with the provisions of 31-1-6 NMSA 1978. The 1991 amendment, effective for cases filed in the metropolitan courts on or after November 1, 1991, in Paragraph D, rewrote the second sentence which formerly read "The complaint shall at that time be filed with the metropolitan court", inserted "and the defendant remains in custody" in the third sentence, and added the last sentence. The 1990 amendment, effective for cases filed in the metropolitan courts on or after September 1, 1990, rewrote Paragraphs A and D.

For forms on criminal complaint, see Rule 9-201 NMRA. Electronic signature. - An arresting officer's electronic signature on a criminal complaint was sufficient to satisfy the requirements of the rules of criminal procedure for filing a complaint. State v. Mitchell, 2010-NMCA-059, 148 N.M. 842, 242 P.3d 409, cert. denied, 2010-NMCERT-006, 148 N.M. 582, 241 P.3d 180. Custodial arrest following breath alcohol test is not "initiation of judicial criminal proceedings". - A person issued a citation and placed under custodial arrest for driving while under the influence of intoxicating liquor does not have a constitutional right to counsel immediately following a breath alcohol test since this does not amount to "initiation of judicial criminal proceedings" or prosecutorial commitment, nor is the period following administration of the test a "critical stage." State v. Sandoval, 1984-NMCA-053, 101 N.M. 399, 683 P.2d 516. Charging defendants generally. - The state may charge defendant with violating the same statute in two different ways. Moreover, the state need not specify which statutory subsections were violated. State v. Watkins, 1986-NMCA-080, 104 N.M. 561, 724 P.2d 769, cert. denied, 104 N.M. 522, 724 P.2d 231. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21 Am. Jur. 2d Criminal Law § 408 et seq. 22 C.J.S. Criminal Law § 321 et seq.