N.M. R. Crim. P. Dist. Ct. 5-822

As amended through November 1, 2024

Rule 5-822 - Commencement and continuation of fugitive actions after issuance of a governor's rendition warrant

A.Filing of warrant and return. If a person accused to be a fugitive is arrested on a rendition warrant for extradition issued by the governor, and a fugitive action based on the same demand is not pending in the district court, a fugitive action shall be commenced by filing in accordance with Paragraph F of Rule 5-103 NMRA the following:

(1) a copy of the demand for extradition on which the rendition warrant is based together with the documents required by statute to accompany the demand;

(2) the name and address of the agent of the demanding state authorized to receive the alleged fugitive; and

(3) the rendition warrant together with supporting documents.

B.Where commenced. If a fugitive action based on the same demand is pending in the district court, the warrant shall be filed in that action. If no fugitive action based on the same demand is pending in the district court when the fugitive is arrested on the governor's rendition warrant, the action shall be commenced in a district court of the district where the fugitive was arrested. If a fugitive action based on the same demand is pending in a magistrate or metropolitan court of this state, the action shall be transferred to the district court for further proceedings pursuant to these rules.

N.M. R. Crim. P. Dist. Ct. 5-822

Approved, effective January 1, 2002; as amended by Supreme Court Order No. 10-8300-028, effective December 3, 2010.

ANNOTATIONS The 2010 amendment, approved by Supreme Court Order No. 10-8300-028, effective December 3, 2010, in Paragraph A, after "a fugitive action shall be commenced by filing", added the remainder of the introductory sentence.