N.M. R. Mun. Ct. P. 8-302

As amended through November 1, 2024

Rule 8-302 - Pleas allowed

A.Pleas and defenses. The plea shall be one of the following: guilty, not guilty, or no contest. No other pleas shall be permitted. A plea of not guilty shall not operate as a waiver of any defense or objection. Defenses and objections not raised by the plea shall be asserted in the form of motions to dismiss or for appropriate relief.

B.Failure or refusal of defendant to enter a plea. If the defendant fails to enter a plea, or stands mute, the court shall enter a plea of not guilty on behalf of such defendant.

C.Rejection of pleas. The court shall reject a plea of guilty or no contest if justice would not be served by acceptance of such plea.

N.M. R. Mun. Ct. P. 8-302

As amended by Supreme Court Order No. 18-8300-023, effective for all cases filed on or after2/1/2019.

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-023, effective February 1, 2019, removed the plea of not guilty by reason of insanity from the list of pleas permitted within municipal court jurisdiction; in Paragraph A, in the heading, deleted "allowed" and added "and defenses"; added "or no contest", deleted "not guilty by reason of insanity or nolo contendere", and "or not guilty by reason of insanity", deleted "If the defendant pleads not guilty by reason of insanity, the municipal court shall transfer the action to the district court pursuant to Rule 8-507 of these rules." and added the last sentence of the paragraph; deleted former Paragraph B and redesignated former Paragraph C as new Paragraph B; in Paragraph B, in the heading, added "Failure or", and added "or stands mute"; and added a new Paragraph C.