Local Rule LR3-302. Bond procedures.

[Related Statewide Rules 5-401, 5-401A, and 5-401B NMRA] A. Bond form. All bonds shall be in the form approved by the New Mexico Supreme Court. B. Magistrate court bonds. (1) When a defendant is arraigned in district court under an indictment or a bind-over order from magistrate court, and the bond requirements set by the district court are met by the bond posted in magistrate court, the magistrate court bond must be filed in district court at or before the district court arraignment. If the magistrate court bond is not filed in district court by the time of the arraignment, the defendant may be taken into custody until the magistrate court bond is filed with the district court. (2) All bonds posted in magistrate court must be presented at arraignment in district court in proper form and in the amount set by the assigned judge. Real property bonds must comply with requirements for real property bonds. C. Failure to comply; custody. If bond requirements are not complied with at arraignment, the defendant may be taken into custody pending compliance. D. Forms of payment accepted. Any tender of money to the court shall be in the form of a money order, certified check, or cash, or, at the sole discretion of the Court Executive Officer, by attorney’s trust check. Personal checks will not be accepted. E. Real property bonds. Where real property is to be posted as bond, the following requirements apply. (1) In posting a real property bond, sureties and defendant must (a) execute an appearance bond; (b) provide proof of ownership; (c) provide a recent assessment of the real property from the county assessor’s office; and (d) provide a list of the real property, encumbrances, and the number and amount of other bonds and undertakings for bail entered into and remaining undischarged. (2) In providing proof of ownership, an original or certified copy of a warranty deed is required. Quitclaim deeds or real estate contracts will not be accepted. (3) If the real property being posted is mortgaged, an affidavit is required from the person or firm holding the mortgage showing the amount of any encumbrances on the real property. (4) If the real property is clear of any and all encumbrances, proof of clear title is necessary. (5) All persons listed as owners of the real property must have their signatures witnessed by a court clerk or by a person authorized to administer oaths. (6) Sureties posting real property shall be responsible for the appearance of defendants at all court proceedings. If a defendant fails to appear as required, the real property posted is subject to forfeiture by the court. F. Release of bond monies; conditions. No order authorizing the release and return of bond monies will be presented to the court for signature without first being approved by the district attorney’s office, counsel for defendant, and the Court Executive Officer or designee, except when the order is prepared by the Court Executive Officer or designee under the Uniform Disposition of Unclaimed Property Act. The Court Executive Officer or designee will not release any monies without a proper court order.