Local Rule LR2-302. Bond procedures.

[Related Statewide Rules 5-401 to -407 and Forms 9-302 to -304 NMRA] A. Order and bond form required. An order setting conditions of release or a bench warrant setting bond shall be filed before any bond is posted. For each bond to be posted, the defendant, through counsel or pro se, shall file an appearance or appeal bond form. Form orders setting conditions of release and appearance or appeal bond forms shall be available from the criminal clerk. B. Bench warrants. After conditions of release have been set, a bench warrant may be issued for the defendant unless the district court file reflects the conditions of release have been met. C. Type of tender in lieu of cash. Only cashier’s checks, certified checks, money orders, and government agency warrants made payable to the clerk of the district court shall be accepted in lieu of cash. D. Return of bond monies. Prior to presentment, all proposed orders authorizing the release and return of bond monies must be approved by the prosecutor, the defendant, through counsel or pro se, the clerk, and the court accountant, except when the order is prepared by the clerk pursuant to the Uniform Disposition of Unclaimed Property Act, Sections 7-8A-1 to -31 NMSA 1978. E. Property bonds. After the appropriate documents necessary for the posting of a property bond are presented to the criminal clerk pursuant to Rules 5-401 and 5-401A NMRA, the criminal clerk shall present such documents to the assigned judge to review and determine whether proof is required of any matters set forth by affidavit. [LR2-402 recompiled and amended as LR2-302 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016.]