Rule 5-101 Scope and title.

Committee commentary. — The 1974 amendments to this rule eliminated a reference to proceedings in the magistrate courts. The adoption of revised magistrate rules, the Rules of Criminal Procedure for the Magistrate Courts, requires the attorney and magistrate to look to those rules for certain proceedings in felony cases which are handled by the magistrate.

This rule does not specifically provide that these rules apply to prosecutions for criminal contempt. Compare Paragraph B of Rule 11-1101 NMRA. New Mexico decisions suggest, but do not definitely hold, that indirect or constructive criminal contempt proceedings would be governed by the applicable rules of criminal procedure. See, State v. New Mexico Printing Co., 25 N.M. 102, 177 P. 751 (1918). Compare, Norton v. Reese, 76 N.M. 602, 417 P.2d 205 (1966) with Seven Rivers Farms, Inc. v. Reynolds, 84 N.M. 789, 508 P.2d 1276 (1973). See also, 34-1-4 and 39-3-15A NMSA 1978.