LR11-303 NMRA
Local Rule LR11-303. Quashing bind overs.
[Related Statewide Rule 5-201 NMRA]
When a criminal information has not been filed in the district court within thirty (30)
days after completion of a preliminary examination or waiver of the preliminary
examination, and time has not been enlarged by the district court on motion of the
district attorney, the bind over shall be quashed and the criminal complaint shall be
remanded to the magistrate court for dismissal without prejudice. For cases that include
motor vehicle code citations, the magistrate court shall submit the abstract of record to
the Motor Vehicle Division as “dismissed.”