LR5-302 NMRA
Local Rule LR5-302. Transportation of persons in custody.
A. Motion required. A motion for an order to transport a person in custody shall be
made no later than ten (10) working days before the proceeding for which transport is
sought unless a shorter time is ordered by the court.
B. Matters included. The motion and proposed order shall address the following
matters:
(1)
the name of the person to be transported and, if known, that person’s date
of birth and social security number;
(2)
the agency designated to transport the person in custody to and from the
proceeding, usually the sheriff of the appropriate county;
(3)
the place where the person is in custody;
(4)
the nature of the district court proceeding for which transport is sought;
(5)
the place, date, and time of the district court proceeding and, if known, the
length of the proceeding; and
(6)
the requirement, if any, for civilian clothing.
C. Transport order; service. A copy of the transport order shall be served by the
movant on the transporting agency and on the custodian of the person sought to be
transported no later than three (3) working days before the proceeding unless a shorter
time is allowed by the court.
D. Modification. Where circumstances require, a district court judge may modify
the time requirements of this local rule or may require transport on verbal order,
provided that a written order is served on the transporting agency and the custodian as
soon as practicable thereafter. In addition, if the transporting agency determines that a
written transport order is not required then it may waive the requirements of this rule.