Under Rule 23-106.1 NMRA, the Supreme Court has provisionally adopted the following out-of-cycle rule amendments. To view the related Supreme Court orders, the full text of the amended rule, and the new forms, please click on the highlighted order, rule, and form numbers below.
Judicial Involvement in Plea Discussions; Amendments to Rule 5-304 NMRA
The Supreme Court has provisionally approved amendments to Rule 5-304 NMRA of the Rules of Criminal Procedure for the District Courts as part of the Court's effort to streamline the processing of criminal cases during the COVID-19 public health emergency. The amendments allow a judge who is not the judge presiding over the criminal case to be assigned for the purpose of participating in plea discussions to assist the parties in resolving the case in a manner that serves the interests of justice. The amendments to Rule 5-304 are effective for all cases pending or filed on or after January 18, 2022.
Forms to Implement the Eviction Prevention and Diversion Program; New Forms 4-904A, 4-904B, 4-905A, 4-905B, 4-908A, 4-908B, 4-908C, 4-908D, and 4-923A NMRA
The Supreme Court has provisionally approved new Forms 4-904A, 4-904B, 4-905A, 4-905B, 4-908A, 4-908B, 4-908C, 4-908D, and 4-923A NMRA of the Civil Forms to implement the Eviction Prevention and Diversion Program. The Program will commence with a pilot program in the Ninth Judicial District on February 1, 2022, and is expected to expand to the rest of the state in March 2022. The new forms are effective for all cases pending or filed on or after February 1, 2022, that are subject to the Eviction Prevention and Diversion Program.
All amendments and the associated orders can also be viewed on the Supreme Court's website by clicking here. The amendments will also be posted on the New Mexico Compilation Commission's website on their effective dates and may be viewed by clicking here.
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