Rule Set 5 – Rules of Criminal Procedure for the District Courts

This page contains rule amendments approved and filed by the New Mexico Supreme Court after 11-28-2016, which is the publication cutoff date for the 2017 New Mexico Rules Annotated. Please note that recently approved rule changes in redline format are found in the column entitled Redline Rule, and may contain computer-generated errors and/or other deviations from the final, offical version of a rule. The official version is published in the column entitled Final Rule, and in New Mexico Rules Annotated or its annual supplement, and in quarterly updates of New Mexico One Source of Law®. All redline and final rules are published in PDF format. Forms are also published in Word and WordPerfect formats to facilitate word processing.

For rule amendments and forms approved on or before 11-28-2016, click here for the public access database of unannotated New Mexico Rules.
Sorting options — The rule sets may be sorted by "Rule No.", "Final Rule" (alphabetical by rule title), "Order No.", or "Eff. Date".
Click on the column name/header — the rule sets will sort in descending/ascending order.

Rule No.Final RuleRedline RuleOrder No.Eff. DateWordWordPerfect
5-105Designation of judgeRedline PDF17-8300-02612/31/2017
5-106Peremptory challenge to a district judge; recusal; procedure for exercisingRedline PDF17-8300-0057/1/2017
5-123Public inspection and sealing of court recordsRedline PDF17-8300-0023/31/2017
5-204Amendment or dismissal of complaint, information and indictmentRedline PDF17-8300-0057/1/2017
5-211Search warrantsRedline PDF17-8300-01612/31/2017
5-302Preliminary examinationRedline PDF17-8300-01612/31/2017
5-401Pretrial releaseRedline PDF17-8300-0057/1/2017
5-401.1Property bond; unpaid suretyRedline PDF17-8300-0057/1/2017
5-401.2Surety bonds; justification of compensated suretiesRedline PDF17-8300-0057/1/2017
5-402Release; during trial, pending sentence, motion for new trial and appealRedline PDF17-8300-0057/1/2017
5-403Revocation or modification of release ordersRedline PDF17-8300-0057/1/2017
5-405Appeal from orders regarding release or detentionRedline PDF17-8300-0057/1/2017
5-406Bonds; exoneration; forfeitureRedline PDF17-8300-0057/1/2017
5-408Pretrial release by designee17-8300-0057/1/2017
5-409Pretrial detention17-8300-0057/1/2017
5-615Notice of federal restriction on right to receive or possess a firearm or ammunitionRedline PDF17-8300-0033/31/2017
5-802Habeas corpusRedline PDF17-8300-02512/31/2017