N.M. Sup. Ct. Order No. S-1-AO-2025-00013 (amended) A

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(1) Time. If a case is initiated in the district court, and the conditions of release 3

have not been set by the magistrate or metropolitan court, the district court shall conduct a hearing 4

under this rule and issue an order setting the conditions of release as soon as practicable, but in no 5

event later than 6

(a) if the defendant remains in custody, three (3) days after the date of 7

arrest if the defendant is being held in the local detention center, or five (5) days after the date of 8

arrest if the defendant is not being held in the local detention center; 9

(b) arraignment, if the defendant is not in custody; or 10

(c) if the defendant remains in custody pending a hearing under Rule 5-11

403(D) NMRA, then within three (3) days after a temporary detention order is placed or the date 12

of the [initial] hearing conducted under Rule 5-403 NMRA if the defendant is being held in the 13

local detention center, or five (5) days after the date of the [initial] hearing conducted under Rule 5-14

403 NMRA if the defendant is not being held in the local detention center. 15

(2) Right to counsel. If the defendant does not have counsel at the initial release 16

conditions hearing and is not ordered released at the hearing, the matter shall be continued for no 17

longer than three (3) additional days for a further hearing to review conditions of release, at which 18

the defendant shall have the right to assistance of retained or appointed counsel. 19

(3) Local detention center; defined. A “local detention center” is one that is 20

commonly used by the district court in the normal course of business and not necessarily within 21

the territorial jurisdiction of the court. 22

DISTRICT COURT CRIMINAL Supreme Court Approved

RULE 5-401 July 29, 2025

RCR No. S-1-RCR-2025-00150 2