NM · rules
N.M. 2nd Jud. Dist. Adopted Rule for "Special Calendar" K
Time limits for commencement of trial
The time limits, except where
otherwise outlined, of this Rule shall commence from whichever of the following events
occurs latest:
(1) the date of the scheduling conference or entry of stipulated scheduling order after the effective date of this rule;
(2) if an evaluation of competency has been ordered, the date an order
is filed in the court finding the defendant competent to stand trial;
(3) if a mistrial is declared by the trial court, the date such order is
filed in the court;
(4) in the event of a remand from an appeal, the date the mandate or
order is filed in the court disposing of the appeal;
(5) if the defendant is arrested for failure to appear or surrenders in
this state for failure to appear, the date of the arrest or surrender of the defendant;
(6) if the defendant is arrested for failure to appear or surrenders in
another state or country for failure to appear, the date the defendant is returned to this
state;
(7) if the defendant’s case is severed from a case to which it was previously joined, the date from which the cases are severed, except the State shall select
one of the severed cases which shall continue on the same basis as previously established
under these rule for track assignment and otherwise;
(8) if the defendant has been referred to a preprosecution or court diversion program, the date a notice is filed in the court that the defendant has been deemed
not eligible for, is terminated from, or is otherwise removed from the preprosecution or
court diversion program.
Provenance
- Source
- seconddistrict.nmcourts.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
d05cab77553a6c360b7a09aad975f60bc5e5c57ecae3d8d669e9b4ccfdb7c276
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