Rule 8-305 NMRA
Rule 8-305. Unnecessary allegations.
Length: 161 wordsOfficial source
A. Examples. It shall be unnecessary for a complaint or citation to contain the
following allegations unless such allegations are necessary to give the defendant notice
of the offense charged:
(1)
time of the commission of offense;
(2)
place of the commission of offense;
(3)
means by which the offense was committed;
(4)
value or price of any property;
(5)
ownership of property;
(6)
intent with which an act was done;
(7)
description of any place or thing;
(8)
the particular character, number, denomination, kind, species or nature of
money, checks, drafts, bills of exchange or other currency;
(9)
the specific degree of the offense charged;
(10)
exceptions to the offense charged; or
(11)
any other similar allegation.
B. Effect of surplusage. The municipality may include any of the unnecessary
allegations set forth in Paragraph A of this rule in a complaint or citation without thereby
enlarging or amending such complaint or citation, and such allegations shall be treated
as surplusage.