Form 9-412B. Motion to sanction for non-compliance.

[For use with Magistrate Court Rule 6-504 NMRA and Municipal Court Rule 8-504 NMRA] STATE OF NEW MEXICO [COUNTY OF ___________________] __________________ COURT No. _____________ [STATE OF NEW MEXICO] [COUNTY OF _______________________] [CITY OF _______________________] v. __________________________________________, Defendant MOTION TO SANCTION FOR NON-COMPLIANCE I certify that the [defendant] [prosecution] failed to comply with this court's pretrial scheduling order in a timely manner as follows: ______________________________________________________________________ _____________________________________________________________________. A motion to compel was filed on _____________ (date) with the following results: _________________ _______________ (describe results). Because of the failure to comply the [defendant] [prosecution] requests the court to: [ ] order the party to provide discovery as requested [ ] grant a continuance until ______________________ (date) to allow for the completion of discovery [ ] prohibit introduction into evidence of the material not disclosed [ ] enter an order holding ____________________ (attorney or party) in contempt of court [ ] __________________________ (other). I acknowledge that the filing of this certificate does not diminish my continuing duty to fully comply with the pretrial scheduling order. Date: ____________________________ _____________________________________ [Prosecutor] [Defendant]