Rule 11-1101 Applicability of the rules.
ARTICLE 11 Miscellaneous Rules
Rule Text
A. To courts and judges. These rules apply to proceedings before New Mexico district courts, metropolitan court, magistrate courts, municipal courts, and special masters, referees, and child support hearing officers appointed by the court.
B. To cases and proceedings. These rules apply in civil cases and proceedings, criminal cases and proceedings, and contempt proceedings, except those in which the court may act summarily.
C. Rules on privilege. The rules on privilege apply to all stages of a case or proceeding.
D. Exceptions. These rules - except for those on privilege - do not apply to the following:
(1) the court’s determination, under Rule 11-104(A) NMRA, on a preliminary question of fact governing admissibility;
(2) grand jury proceedings, and
(3) miscellaneous proceedings, such as
(a) extradition or rendition,
(b) issuing an arrest warrant, criminal summons, or search warrant,
(c) sentencing by the court without a jury,
(d) granting or revoking probation or supervised release,
(e) considering whether to release on bail or otherwise,
(f) dispositional hearings in children’s court proceedings, and
(g) the following abuse and neglect proceedings:
(i) issuing an ex parte custody order;
(ii) custody hearings;
(iii) permanency hearings; and
(iv) judicial review proceedings.
Amendment history: As amended effective July 1, 1980; December 1, 1993; November 17, 1999; as amended by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012; by Supreme Court Order No. 13-8300-003, effective for all cases pending or filed on or after May 5, 2013. Adopted by Supreme Court Order No. 12-8300-015, effective for all cases pending or filed on or after June 16, 2012.