Rule 5-212 NMRA
Rule 5-212. Motion to suppress.
A. Property. A person aggrieved by a search and seizure may move for the return
of the property and to suppress its use as evidence.
B. Suppression of other evidence. A person aggrieved by a confession,
admission or other evidence may move to suppress such evidence.
C. Time for filing. A motion to suppress shall be filed no less than sixty (60) days
prior to trial, unless, upon good cause shown, the trial court waives the time
requirement. Any motion to suppress filed prior to trial shall be decided prior to trial to
preserve the stateโs right to appeal any order suppressing evidence.
D. Hearing. The court shall receive evidence on any issue of fact necessary to the
decision of the motion. If a motion pursuant to Paragraph A of this rule is granted, the
property shall be returned, unless otherwise subject to lawful detention.