Rule 5-205 NMRA

Rule 5-205. Unnecessary allegations.

Length: 239 wordsOfficial source
A. Generally unnecessary allegations. It shall be unnecessary for a complaint, indictment or an information to contain the following allegations unless such allegations are necessary to give the defendant notice of the crime charged: (1) time of the commission of offense; (2) place of the commission of offense; (3) means by which the offense was committed; (4) value or price of any property; (5) ownership of property; (6) intent with which an act was done; (7) description of any place or thing; (8) the particular character, number, denomination, kind, species or nature of money, checks, drafts, bills of exchange or other currency; (9) the specific degree of the offense charged; (10) any statutory exceptions to the offense charged; or (11) any other similar allegation. B. Inclusion by state. The state may include any of the unnecessary allegations set forth in Paragraph A of this rule in a complaint, indictment or information without thereby enlarging or amending such complaint, indictment or information, and such allegations shall be treated as surplusage the same as if contained in a statement of facts. C. Statement of facts. Upon motion of the defendant, the court may order the state to file a statement of facts setting forth any or all of the unnecessary allegations set forth in Paragraph A of this rule. Such statement of facts shall not enlarge or amend the complaint, indictment or information, and such allegations shall be treated as surplusage.
Rule 5-205 NMRA: Rule 5-205. Unnecessary allegations. | Justis AI