Rule 8-111 NMRA

Rule 8-111. Non-attorney prosecutions.

Last amended: 2013Year: 2013Length: 225 wordsOfficial source
A. Law enforcement officers. Law enforcement officers may file criminal complaints against persons in the municipal court that has jurisdiction over the alleged offense. Criminal complaints shall be limited to charges within the jurisdiction of the court. Law enforcement officers may prosecute misdemeanor criminal complaints they have filed in municipal court, except that no law enforcement officer may prosecute any case that involves a charge of driving under the influence of intoxicating liquor or drugs. B. Other authorized prosecutions. A municipal officer or employee may appear and prosecute any petty misdemeanor proceeding on behalf of the municipality if the municipality has authorized the officer or employee to institute or cause to be instituted an action on behalf of the governmental entity, except that no municipal officer or employee may prosecute through a non-attorney any case that involves a charge of driving under the influence of intoxicating liquor or drugs. C. Trial procedures. In cases where law enforcement officers and non-attorney municipal employees are authorized under Paragraphs A and B of this rule to prosecute complaints they have filed, those officers and employees shall be permitted to testify and present evidence to the court. In the court’s discretion, such parties may also ask questions of witnesses, either directly or through the court, and may make statements bringing pertinent facts and legal authorities to the court’s attention.
Rule 8-111 NMRA: Rule 8-111. Non-attorney prosecutions. | Justis AI