N.M. R. Crim. P. Metro. Ct. 7-611

As amended through August 23, 2024

Rule 7-611 - Motion for new trial; appeals on the record

A.Motion. In cases which may be appealed on the record, if the defendant has been found guilty, the court, on motion of the defendant, or on its own motion, may grant a new trial if required in the interest of justice.

B.Time for making motion for new trial. A motion for new trial shall be made within ten (10) days after verdict or finding of guilty or within such further time as the court may fix during the ten (10) day period. If a motion for new trial is not granted within twenty (20) days from the date it is filed, the motion is automatically denied.

C.Extension of time for appeal. If a party timely files a motion for new trial pursuant to this rule, the full time prescribed by Rule 7-703 for the filing of the notice of appeal shall commence to run and be computed from either the entry of an order expressly disposing of the motion for new trial or the date of any automatic denial of the motion, whichever occurs first. An order granting a motion for new trial is not appealable and renders any prior judgment non-appealable.

N.M. R. Crim. P. Metro. Ct. 7-611

Adopted, effective 1/1/1994.