N.M. R. Crim. P. Dist. Ct. 5-823

As amended through November 1, 2024

Rule 5-823 - Rights hearing; filing of demand for extradition

A.Rights explained. As soon as practicable after the governor's rendition warrant is filed, but in any event within seven (7) days, the alleged fugitive shall be brought before the court. At that time, the court shall:

(1) inform the accused of the right to counsel and determine whether the accused is entitled to appointed counsel;

(2) inform the accused of the demand for extradition and of the crime which is charged or other basis for extradition which is alleged; and

(3) determine whether the accused wishes to test the legality of the governor's rendition warrant.

B.Time for filing petition for writ of habeas corpus. If the alleged fugitive wishes to contest the legality of the arrest pursuant to the governor's rendition warrant, the court shall fix a reasonable time for the alleged fugitive to file a petition for writ of habeas corpus in the fugitive action.

N.M. R. Crim. P. Dist. Ct. 5-823

Approved, effective January 1, 2002.