Rule 6-207 NMRA
Rule 6-207. Bench warrants.
A. Failure to appear or act. If any person who has been ordered by the magistrate
judge to appear at a certain time and place or to do a particular thing fails to appear at
such specified time and place in person, or by counsel when permitted by these rules,
or fails to do the thing so ordered, the court may issue a warrant for the person’s arrest.
The warrant may limit the jurisdictions in which it may be executed. A copy of the
warrant shall be docketed in the case file. Unless the judge has personal knowledge of
such failure, no bench warrant shall issue except upon a sworn written statement of
probable cause. The court shall not issue a bench warrant for failure to pay fines, fees,
or costs unless the defendant has failed to timely respond to a summons issued in
accordance with Rule 6-207.1 NMRA.
B. Law enforcement information system. If a bench warrant is issued in a felony,
misdemeanor, or driving while under the influence of intoxicating liquor or drugs
proceeding, upon execution of the bench warrant, the court shall cause the warrant to
be entered into a warrant information system maintained by a law enforcement agency.
C. Execution and return. A bench warrant shall be executed and returned in the
same manner as an arrest warrant. The return shall be docketed in the case file.
D. Duty to remove warrant. If the warrant has been entered into a law enforcement
information system, upon arrest of the defendant, the person executing the warrant shall
cause it to be removed from the system. If the court withdraws the warrant, the court
shall cause the warrant to be removed from the warrant information system.