Rule 10-245 Jury trial; delinquency proceedings.
ARTICLE 2 Delinquency Proceedings
Rule Text
A. Waiver. Unless the respondent child knowingly and voluntarily waives the right to a jury trial, trial shall be by jury on all delinquency petitions when the offense(s) alleged would be triable by jury if committed by an adult.
B. Peremptory challenges. In all trials by jury in delinquency proceedings, the state shall be entitled to two (2) peremptory challenges and the defense, three (3). When two (2) or more respondents are jointly tried, two (2) additional challenges shall be allowed to the defense and one (1) to the state for each additional respondent.
Amendment history: As amended, effective September 1, 1995; Rule 10-228 NMRA, recompiled and amended as Rule 10-245 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as amended by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after December 31, 2014. As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.