Rule 5-614.1 NMRA
Rule 5-614.1. Judicial acquittal notwithstanding guilty verdict.
A. Motion. When the defendant has been found guilty, the court on motion of the
defendant, or on its own motion, may enter judgment of acquittal if the court finds the
evidence insufficient to sustain a guilty verdict.
B. Time for making motion for acquittal. A defendant may move for a judgment of
acquittal, or renew such a motion, within fourteen (14) days after the jury returns a guilty
verdict or after the court discharges the jury, whichever is later.
C. Procedure; hearing. When the defendant has been found guilty by a jury or by
the court, a motion for acquittal may be dictated into the record and may be argued
immediately after the return of the verdict. That motion may be in writing and filed with
the clerk. That motion, written or oral, shall fully set forth the grounds on which it is
based.
D. Waiver. Failure to make a motion for acquittal shall not constitute a waiver of any
error which has been properly brought to the attention of the court.