Rule 8-206 NMRA
Rule 8-206. Bench warrants.
A. Failure to appear or act. If any person who has been ordered by the municipal
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
to do the thing so ordered, the court may issue a warrant for the person's arrest. Unless
the municipal 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 8-206.1 NMRA.
B. Law enforcement information system. If a bench warrant is issued in a 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. A copy of the warrant
shall be docketed in the case file.
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.