Rule 5-604. Time of commencement of trial for cases of concurrent trial jurisdiction originally filed in the magistrate, metropolitan, or municipal court.

A. Refiling of cases previously dismissed in a lower court. For cases of concurrent trial jurisdiction originally filed in the magistrate, metropolitan, or municipal court that are subsequently dismissed and refiled in the district court, the initiatory pleading in the district court shall state in the caption that it is a refiled case and shall state the following in the first paragraph: (1) the date of the initial filing in the lower court; (2) the date of the dismissal; (3) the deadline for trial in the lower court under Rule 6-506 NMRA, Rule 7- 506 NMRA, or Rule 8-506 NMRA; and (4) the reason for the dismissal and refiling. B. Initial trial setting and continuances; motions to assert speedy trial rights. If the district court does not initially schedule a refiled case within the trial deadline that would have been applicable had the case remained in the lower court, or if the court grants a continuance beyond that deadline, the defendant may move that the court consider whether the case should be dismissed for violation of the defendant’s right to speedy trial, taking into consideration the following factors: (1) the complexity of the case; (2) the length of the delay in bringing the defendant to trial; (3) the reason for the delay in bringing the defendant to trial; (4) whether the defendant has asserted the right to a speedy trial or has acquiesced in some or all of the delay; and (5) the extent of prejudice, if any, from the delay. This paragraph does not prohibit a defendant from filing a motion to dismiss for violation of the right to a speedy trial even if a trial is scheduled within the trial deadline that would have been applicable had the case remained in the lower court. C. Applicability. This rule shall not apply to the following: (1) cases on appeal from the metropolitan, magistrate or municipal court; (2) cases originally filed in the district court; and (3) cases within the exclusive trial jurisdiction of the district court.