Rule 7-207 NMRA

Rule 7-207. Bench warrants.

Last amended: 2017Year: 2017Length: 287 wordsOfficial source
A. Failure to appear or act. If any person who has been ordered by the metropolitan 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 7-207.1 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.
Rule 7-207 NMRA: Rule 7-207. Bench warrants. | Justis AI