Rule 5-601 NMRA
Rule 5-601. Motions.
A. Change of venue. Change of venue shall be accomplished according to law.
B. Motions to reconsider. A party may file a motion to reconsider any ruling made
by the district court. The district court may rule on a motion to reconsider with or without
a hearing.
C. Defenses and objections which may be raised. Any defense, objection or
request which is capable of determination without a trial on the merits may be raised
before trial by motion.
D. Defenses and objections which must be raised. The following defenses or
objections must be raised prior to trial:
(1)
defenses and objections based on defects in the initiation of the
prosecution; or
(2)
defenses and objections based on defects in the complaint, indictment or
information other than a failure to show jurisdiction in the court or to charge an offense,
which objections shall be noticed by the court at any time during the pendency of the
proceeding. Failure to present any such defense or objection, other than the failure to
show jurisdiction or charge an offense, constitutes a waiver thereof, but the court for
cause shown may grant relief from the waiver. If any such objection or defense is
sustained and is not otherwise remediable, the court shall order the complaint,
indictment or information dismissed.
E. Time for making motions.
(1)
Unless otherwise provided by these rules or ordered by the court, a
pretrial motion shall be made at the arraignment or within ninety (90) days thereafter,
unless upon good cause shown the court waives the time requirement.
(2)
A motion to reconsider may be filed at any time before entry of the
judgment and sentence. A motion to reconsider the judgment and sentence or an
appealable order entered before or after the judgment and sentence will toll the time to
appeal only if the motion is filed within the permissible time for initiating the appeal.
F. Evidentiary hearing. If an evidentiary hearing is required, the motion shall be
accompanied by a separate written request for an evidentiary hearing, including a
statement of the ultimate facts intended to be proven at such an evidentiary hearing.
Unless a shorter period of time is ordered by the court, at least five (5) days before the
hearing on the motion, each party shall submit to the other party's attorney the names
and addresses of the witnesses the party intends to call at the evidentiary hearing,
together with any statement subject to discovery made by the witness which has not
been previously disclosed pursuant to Rule 5-501 or 5-502.
G. Ruling of court. All motions shall be disposed of within a reasonable time after
filing.
H. Defenses and objections not waived. No defense or objection shall be waived
by not being raised or made at arraignment.
I. Notice of withdrawal of motion. If a motion is scheduled for hearing, a party
shall give at least five (5) days notice of withdrawal of the motion.