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

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(1) Case within magistrate co urt trial jurisdiction. A defendant charged with 21

an offense that is within magistrate court trial jurisdiction may file a petition in the district court 22

for review of the magistrate court’s order setting conditions of release under this paragraph only 23

MAGISTRATE COURT CRIMINAL Supreme Court Approved

RULE 6-401 July 29, 2025

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after the magistrate court has reviewed the conditions of release and made a requisite ruling under 1

Paragraph H of this rule. The defendant shall attach to the district court petition a copy of the 2

magistrate court order after the review of the conditions of release. 3

(2) Felony case. A defendant charged with a felony offense who has not been 4

bound over to the district court may file a petition in the district court for release under Rule 5-5

401(K) NMRA and this paragraph at any time after the defendant’s arrest. 6

(3) Petition; requirements. A petition to the district court under this paragraph 7

shall include the specific facts that warrant review by the district court and may include a request 8

for a hearing. The petitioner shall promptly 9

(a) file a copy of the district court petition in the magistrate court; 10

(b) serve a copy on the district attorney; and 11

(c) provide a copy to the assigned district court judge. 12

(4) Magistrate court’s jurisdiction pending determination of the petition. On 13

the filing of a petition under this paragraph, the magistrate court’s jurisdiction to set or amend the 14

conditions of release shall be suspended pending determination of the petition by the district court. 15

The magistrate court shall retain jurisdiction over all other aspects of the case, and the case shall 16

proceed in the magistrate court while the district court petition is pending. The magistrate court’s 17

order setting conditions of release shall remain in effect unless and until the district court issues 18

an order amending the conditions of release. 19

(5) District court review. The district court shall rule on the petition in an 20

expedited manner. Within three (3) days after the petition is filed, the district court shall take one 21

of the following actions: 22

MAGISTRATE COURT CRIMINAL Supreme Court Approved

RULE 6-401 July 29, 2025

RCR No. S-1-RCR-2025-00150 10

(a) set a hearing no later than ten (10) days after the filing of the petition 1

and promptly send a copy of the notice to the magistrate court; 2

(b) deny the petition summarily; or 3

(c) amend the order setting conditions of release without a hearing. 4

(6) District court order; transmission to magistrate court. The district court 5

shall promptly send to the magistrate court a copy of the district court order disposing of the 6

petition, and jurisdiction over the conditions of release shall revert to the magistrate court. 7