Rule 5-605 NMRA
Rule 5-605. Jury trial.
A. Trial by jury; waiver. Criminal cases required to be tried by jury shall be so tried
unless the defendant waives a jury trial with the approval of the court and the consent of
the state.
B. Alternate jurors. In any criminal case, the district court may direct that not more
than six jurors, in addition to the regular jury, be called and impanelled to sit as alternate
jurors. Alternate jurors, in the order in which they are called, shall replace jurors who,
prior to the time the jury retires to consider its verdict, become or are found to be unable
or disqualified to perform their duties. Alternate jurors shall be drawn in the same
manner, have the same qualifications, be subject to a like examination and challenges
for cause, take the same oath, and have the same functions, powers, facilities and
privileges as the regular jurors.
C. Discharge; general rule. Except in felony cases in which the death penalty may
be imposed and a single jury is used for trial and sentencing, an alternate juror who
does not replace a regular juror shall be discharged before the jury retires to consider its
verdict.
D. Findings and conclusions; when required. In a case tried without a jury, the
court shall make a general finding and shall, in addition, make specific findings of fact
and conclusions of law on all ultimate facts and conclusions of law upon which written
requested findings and conclusions have been filed within ten (10) days after the
making of the general finding by the court, or within such time as the court may
designate.