Rule 5-820 NMRA
Rule 5-820. Fugitive complaint.
A. Complaint. A fugitive action may be commenced in the district court by filing a
sworn fugitive complaint:
(1)
identifying the defendant;
(2)
identifying the demanding state for which the defendant's arrest is being
made;
(3)
stating the grounds for extradition; and
(4)
stating either that a governor's warrant for the arrest of the defendant is
sought or the date and time of arrest for extradition.
The complaint may be amended by the state without leave of court prior to
arraignment. The complaint shall be substantially in the form approved by the Supreme
Court.
B. Where commenced. A fugitive action shall be commenced in the county in
which the defendant has been arrested or where the defendant is expected to be found.
C. Service of complaint. If the fugitive is arrested without a warrant, a fugitive
complaint shall be prepared and given to the defendant prior to transferring the
defendant to the custody of the detention facility. The complaint shall be filed with the
district court at the time it is given to the defendant. If the court is not open at the time
the copy of the complaint is given to the defendant, the complaint shall be filed the next
business day of the court.