Rule 11-1101 NMRA
Rule 11-1101. Applicability of the rules.
A. To courts and judges. These rules apply to proceedings before New Mexico
district courts, metropolitan court, magistrate courts, municipal courts, and special
masters, referees, and child support hearing officers appointed by the court.
B. To cases and proceedings. These rules apply in civil cases and proceedings,
criminal cases and proceedings, and contempt proceedings, except those in which the
court may act summarily.
C. Rules on privilege. The rules on privilege apply to all stages of a case or
proceeding.
D. Exceptions. These rules - except for those on privilege - do not apply to the
following:
(1)
the court’s determination, under Rule 11-104(A) NMRA, on a preliminary
question of fact governing admissibility;
(2)
grand jury proceedings, and
(3)
miscellaneous proceedings, such as
(a) extradition or rendition,
(b) issuing an arrest warrant, criminal summons, or search warrant,
(c) sentencing by the court without a jury,
(d) granting or revoking probation or supervised release,
(e) considering whether to release on bail or otherwise,
(f) dispositional hearings in children’s court proceedings, and
(g) the following abuse and neglect proceedings:
(i)
issuing an ex parte custody order;
(ii)
custody hearings;
(iii)
permanency hearings; and
(iv)
judicial review proceedings.