Rule 5-209. Service of summons; failure to appear.

A. Service. A summons shall be served in accordance with Rule 1-004 NMRA unless the court directs service by mail. A copy of the complaint, indictment, or information shall be attached to the summons. Service shall be made at least ten (10) days before the defendant is required to appear. If service is made by mail an additional three (3) days shall be added under Rule 5-104 NMRA. Service by mail is complete on mailing. B. Failure to appear. If a defendant fails to appear in person, or by counsel when permitted by these rules, at the time and place specified in the summons, the court may issue a warrant for the defendant’s arrest, and thereafter the action shall be treated as if the warrant had been the first process in the action. (1) Exception for initial appearance; returned mail. (a) For a defendant’s initial appearance in court, if a mailed summons has been returned as not delivered and the defendant has failed to appear in person, or by counsel when permitted by these rules, at the time and place specified in the summons, the court may either (i) direct service to be made by a person authorized by Rule 1-004(D) NMRA; or (ii) issue a warrant for the defendant’s arrest with the directive that the defendant be released on the defendant’s own recognizance, unless the court makes a finding of fact that supports the imposition of an appropriate bond. (b) If the summons is returned as not delivered after a warrant has been issued under Paragraph B of this rule, the court may cancel or quash the warrant and proceed under Subparagraph (1)(a) of this paragraph.