Rule 6-201. Commencement of action.

A. How commenced. A criminal action is commenced by filing one of the following with the court: (1) a complaint consisting of a signed, sworn written statement containing the facts, the common name of the offense charged, and where applicable, a specific section number of the New Mexico Statutes Annotated, 1978 Compilation, that contains the offense. A separate complaint shall be filed for each defendant; (2) a traffic citation issued and signed by a state or local traffic enforcement officer under Section 66-8-130 NMSA 1978; (3) a citation issued and signed by an official authorized by law that contains the name and address of the cited person, the specific offense charged, a citation to the specific section of law violated, and the time and place to appear. Unless the person requests an earlier date, the time specified in the citation shall be at least three (3) days after issuance of the citation; or (4) an order finding a person to be in direct criminal contempt. A copy of every citation issued shall be delivered to the person cited, and the original shall be filed with the magistrate court within seven (7) days of the issuance of the citation or, in any event, no later than one (1) day prior to the date cited for the defendant to appear. Any citation that sets an appearance date and is untimely filed may be dismissed with or without prejudice by the court on its own motion. All complaints and citations shall be signed, as defined in Rule 6-210(J) NMRA, and the magistrate court shall not accept for filing any unsigned complaint or citation. In the event that an unsigned complaint or citation commences an action, the case shall be dismissed without prejudice. B. Jurisdiction. Magistrate judges have jurisdiction in all cases as may be provided by law. C. Where commenced. Unless otherwise provided by law, the action must be commenced in the magistrate district where the crime is alleged to have been committed. D. Arrest without a warrant; criminal complaint. In all criminal cases, including cases that are not within magistrate court trial jurisdiction, if the defendant is arrested without a warrant, a criminal complaint shall be prepared and a copy given to the defendant and the local detention center at the time of transferring the defendant to the custody of the detention facility. If the defendant is not provided a copy of the criminal complaint upon transfer to a detention facility, without just cause or sufficient reason, the complaint may be dismissed without prejudice or the defendant may be released from custody. If the defendant is in custody and the court is open, the complaint shall be filed immediately with the magistrate court. If the court is not open, the complaint shall be filed the next business day of the court. If the defendant is not in custody, the complaint shall be filed with the court within seventy-two (72) hours. If the criminal complaint is not filed within the deadlines stated above, the case shall be dismissed without prejudice. E. Name of defendant. In every complaint or citation the name of the defendant, if known, shall be stated. A defendant whose name is not known may be described by any name or description by which the defendant can be identified with reasonable certainty.