Rule 6-506.1. Voluntary dismissal and refiled proceedings.

A. Voluntary dismissal. The prosecution may dismiss a citation or criminal complaint by filing a notice of dismissal. The notice of dismissal shall be substantially in the form approved by the Supreme Court. Unless otherwise stated in the notice, the dismissal is without prejudice. A notice of dismissal shall be filed: (1) prior to commencement of the trial; or (2) after the acceptance of a plea of guilty or no contest, but prior to sentencing. B. Bail bond. The filing of a notice of dismissal under Paragraph A of this rule shall exonerate a bond only as provided in Rule 6-406 NMRA. If the dismissed charges are later filed in the district court, the state shall notify the magistrate court, and the magistrate court shall transfer any bond to the district court. C. Refiled complaints. If a citation or complaint is dismissed without prejudice and the charges are later refiled, the refiled complaint shall be clearly captioned “Refiled Complaint” and shall include the following: (1) the court in which the original charges were filed; (2) the case file number of the dismissed charges; (3) the name of the assigned judge at the time the charges were dismissed; and (4) the reason the charges were dismissed. D. Procedure after refile; cases within magistrate court trial jurisdiction. If a citation or complaint is dismissed without prejudice and the charges are later refiled, the case shall be treated as a continuation of the same case, and the trial on the refiled charges shall be commenced within the unexpired time for trial under Rule 6-506 NMRA, unless the court, after notice and hearing, finds the refiled complaint should not be treated as a continuation of the same case. The time between dismissal and refiling shall not be counted as part of the unexpired time for trial under Rule 6-506 NMRA. E. Simultaneous cases. If a complaint, indictment, or information is filed in district court concerning one or more charges pending in magistrate court, the prosecutor shall notify the magistrate court. This notice shall operate as a dismissal of the entire case in magistrate court. The magistrate court shall transfer any bond to the district court.