Rule 6-302 NMRA
Rule 6-302. Pleas allowed.
A. Pleas and defenses. The plea shall be one of the following: guilty, not guilty, or
no contest. No other pleas shall be permitted. A plea of not guilty shall not operate as a
waiver of any defense or objection. Defenses and objections not raised by the plea shall
be asserted in the form of motions to dismiss or for appropriate relief. In actions not
within magistrate trial jurisdiction, no plea shall be entered.
B. Failure or refusal of defendant to enter a plea. If the defendant fails to enter a
plea, or stands mute, the court shall enter a plea of not guilty on behalf of the defendant.
C. Rejection of pleas. The court shall reject a plea of guilty or no contest if justice
would not be served by acceptance of the plea.
D. Plea agreement deadline. Except in non-attorney prosecutions, a plea
agreement between the parties that would eliminate the need for a trial shall be
submitted for the court’s consideration by a deadline set in the court’s discretion, but in
any event, no plea agreement shall be entered into later than five (5) days before the
scheduled date for jury selection or commencement of a bench trial. The court shall set
a hearing within the plea deadline at which the defendant’s presence is required and at
which the defendant has an opportunity to consider any plea offer.
E. Untimely plea agreements. A request for the court to approve an untimely plea
agreement less than five (5) days before the scheduled date for jury selection or
commencement of a bench trial shall not be granted except on a written finding by the
judge of extraordinary circumstances that excuse the untimely submission of the
agreement. If the court denies a request to accept an untimely plea agreement, the
case shall proceed to trial on the scheduled date.
Notwithstanding the denial of a request to accept an untimely plea agreement, a
defendant may elect to plead guilty to all legally permissible charges leaving full
sentencing discretion with the court, or the prosecution may elect to dismiss any and all
charges any time before or during trial.