N.M. R. Child. Ct. 10-215

As amended through November 1, 2024
Rule 10-215 - Warrants
A.Arrest warrants. Warrants for the arrest of a respondent child alleged to have committed a delinquent act, or to have violated conditions of release, may be issued by a children's court or district court judge. The issuance, execution and return of the warrant for arrest shall be in accordance with the Rules of Criminal Procedure for the District Courts. The warrant for arrest shall be substantially in the form approved by the Supreme Court.
B.Bench warrants. If any person who has agreed in writing to appear in court at a specified time and place or who is ordered by the court to appear at a specified time and place fails to appear at such specified time and place in person or by counsel when permitted by these rules, the court may issue a warrant for the person's arrest.
C.Search warrants. Search warrants may be issued by the court. The issuance, execution and return of the search warrant shall be in accordance with the Rules of Criminal Procedure for the District Courts. The search warrant shall be substantially in the form approved by the Supreme Court.

N.M. R. Child. Ct. 10-215

As amended, effective 11/1/2000; Rule 10-206 NMRA, recompiled and amended as Rule 10-215 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph A, changed "child" to the phrase "respondent child" and changed "or a criminal offense" to "or to have violated conditions of release". The 2000 amendment, effective November 1, 2000, in Paragraph A, substituted "have committed a delinquent act or a criminal offense" for "be delinquent or in need of supervision" and inserted "judge" in the first sentence, in the second sentence, inserted "substantially" following "shall be"; in Paragraph C, rewrote the first sentence which read "Search warrants may be issued by the children's court or the district court." and inserted "substantially" following "shall be" at the end of the second sentence. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-206 NMRA was recompiled as Rule 10-215 NMRA, effective January 15, 2009. Law reviews. - For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).