A.Issuance. Upon the docketing of any action, the court may issue either an arrest warrant or a summons.B.Basis for warrant. No warrant shall issue except upon a sworn statement of the facts showing probable cause that an offense has been committed. The showing of probable cause shall be based upon substantial evidence, which may be hearsay in whole or in part, provided there is a substantial basis for believing the source of the hearsay to be credible and for believing there is a factual basis for the information furnished. Before ruling on a request for a warrant, the court may require the affiant to appear personally and may examine under oath the affiant and any witnesses produced by the affiant, provided that such additional evidence shall be reduced to writing and supported by oath or affirmation. The court also may permit a request for an arrest warrant by any method authorized by Paragraph G of Rule 8-207 NMRA for search warrants and may issue an arrest warrant remotely provided the requirements of Paragraph H of Rule 8-207 NMRA and this rule are met. C.Preference for summons. The court shall issue a summons, unless in its discretion, the court finds that the interests of justice may be better served by the issuance of an arrest warrant.D.Form. The warrant shall be signed by the court and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. It shall describe the offense charged. It shall command that the defendant be arrested and brought before the court. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. A summons or arrest warrant shall be substantially in the form approved by the Supreme Court.N.M. R. Mun. Ct. P. 8-203
As amended by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after7/15/2013; amended by Supreme Court Order No. 15-8300-008, effective for all cases pending or filed on or after12/31/2015; as amended by Supreme Court Order No. 19-8300-018, effective for all cases pending or filed on or after December 31, 2019.Committee commentary. - Paragraph A was amended in 2013 to permit alternate methods for requesting and issuing arrest warrants. See Rule 8-207 NMRA and the related committee commentary for more information.
Paragraph C was amended in 2019 to be consistent with Rule 5-208 NMRA, which was amended at the same time.
[Adopted by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013; as amended by Supreme Court Order No. 19-8300-018, effective for all cases pending or filed on or after December 31, 2019.]
ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-008, effective December 31, 2015, designated the first sentence of former Paragraph A as present Paragraph A, and designated the remainder of former Paragraph A as present Paragraph B; in Paragraph A, after "court may issue", added "either", and after "arrest warrant or", added "a"; in Paragraph B, added the heading "Basis for warrant", and in the first sentence, after "No warrant", deleted "or summons"; designated former Paragraph B as present Paragraph C, and after "the issuance of", deleted "a warrant for" and added "an", and after "arrest", added "warrant"; and added Paragraph D. The 2013 amendment, approved by Supreme Court Order No. 13-8300-011, effective for all cases pending or filed on or after July 15, 2013, provided for alternate methods for requesting and issuing arrest warrants; and in Paragraph A, added the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. - Private citizen's right to institute mandamus to compel a magistrate or other appropriate official to issue a warrant, or the like, for an arrest, 49 A.L.R.2d 1285. 22 C.J.S. Criminal Law §§ 334 to 336; 72 C.J.S Process § 2 et seq.