Rule 7-605 NMRA
Rule 7-605. Jurors.
A. Metropolitan jury. A jury in the metropolitan court consists of six (6) jurors with
the same qualifications as jurors in the district court. Whenever a jury is required, the
metropolitan judge shall select prospective jurors in the manner provided by law.
B. Challenges for cause. At the time of the trial, the parties, their attorneys, or the
judge may examine the prospective jurors who have been summoned to determine
whether they should be disqualified for cause. Prospective jurors shall be excused for
cause if the examination discloses bias, relationship to a party, or other grounds of
actual or probable partiality. If examination of any prospective juror discloses any basis
for disqualification, the judge shall excuse that prospective juror.
C. Peremptory challenges. If the offense charged is a petty misdemeanor, each
party shall be entitled to one peremptory challenge. If the offense charged is a
misdemeanor, each party shall be entitled to two peremptory challenges. If peremptory
challenges are exercised, the judge shall excuse those prospective jurors challenged.
D. Selection of jury.
(1)
The judge shall cause the name of each prospective juror present to be
entered into the court’s jury management system. A list of the names of the prospective
jurors present shall be prepared at the direction of the judge, and a copy of the list shall
be provided to each party or the party’s attorney.
(2)
The prospective jurors may be examined by the parties, their attorneys, or
the judge by questioning all of the prospective jurors present, as a group or individually.
(3)
When six (6) qualified jurors have been selected, they shall constitute the
jury for the case to be tried.
(4)
One (1) or more alternate jurors may be selected at the direction of the
judge. The parties may exercise their peremptory challenges in the selection of the
alternate juror or jurors, if their peremptory challenges have not been exhausted in the
selection of the other jurors.
E. Additional jurors. If a jury cannot be completed by reading the name of those
present, the sheriff or other responsible person shall summon a sufficient number of
jurors to fill the deficiency.
F. Oath to jurors. The judge shall administer an oath or affirmation in substantially
the following form to jurors: “You do solemnly swear (or affirm) that you will truly try the
facts of this action and give a true verdict according to the law and evidence given in
court.”
G. Juror qualification and questionnaire forms; retention schedule;
certification of compliance with privacy requirements. Prior to the examination of
prospective jurors under this rule, the court shall require each prospective juror to
complete a juror qualification and questionnaire forms as approved by the Supreme
Court, which shall be subject to the following protections:
(1)
All completed juror qualification and questionnaire forms, including any
electronic copies, in the possession of the court, attorneys, parties, and any other
individual or entity shall be kept confidential unless ordered unsealed under the
provisions in Rule 7-113 NMRA;
(2)
All completed juror qualification and questionnaire forms, including any
electronic copies, in the possession of the court, attorneys, parties, and any other
individual or entity shall be destroyed according to the following deadlines:
(a) All copies in the possession of the court shall be destroyed ninety (90)
days after expiration of the term of service of the juror or prospective juror unless an
order has been entered directing their retention for a longer period of time; and
(b) All copies in the possession of the attorneys, parties, and any other
individual or entity shall be destroyed within one hundred twenty (120) days after final
disposition of the proceeding for which the juror or prospective juror was called unless
permitted by written order of the court to retain the copies for a longer period of time, in
which case the court’s order shall set the deadline for destruction of those copies; and
(3)
On or before the destruction deadline required under this rule, all
attorneys and parties shall file a certification under oath in a form approved by the
Supreme Court that they have complied with the confidentiality and destruction
requirements set forth in this paragraph.
H. Supplemental questionnaires. The court may order prospective jurors to
complete supplemental questionnaires. Unless otherwise ordered by the court, the party
requesting supplemental questionnaires shall be required to pay the actual costs of
producing and mailing the supplemental questionnaires. The confidentiality and
destruction protections in Subparagraphs (G)(1), (2), and (3) of this rule shall apply to
any supplemental questionnaires ordered under this paragraph.