N.M. 2nd Jud. Dist. Amended LR2-400 – Effective February 2, 2016 C

(1) Deadline for arraignment. The defendant shall be arraigned on the

information or indictment within ten (10) days after the date of the filing of the bind-over order,

indictment, or the date of the arrest, whichever is later, if the defendant is not in custody and not

later than seven (7) days if the defendant is in custody.

(2) Certification by prosecution required; matters certified. At or before

arraignment or waiver of arraignment, or upon the filing of a bind-over order, the state shall

certify that before obtaining an indictment or filing an information the case has been investigated

sufficiently to be reasonably certain that

(a) the case will reach a timely disposition by plea or trial within the

case processing time limits set forth in this rule;

(b) the court will have sufficient information upon which to rely in

assigning a case to an appropriate track at the status hearing provided for in Paragraph G;

(c) all discovery in the possession of the state or relied upon in the

investigation leading to the bind-over order, indictment or information has been provided to the

defendant; and

(d) the state understands that, absent extraordinary circumstances, the

state’s failure to comply with the case processing time lines set forth in this rule will result in

sanctions as set forth in Paragraph I.

(3) Certification form. The court may adopt a form and require use of the

form to fulfill the certification and acknowledgment required by this paragraph.