Local Rule LR9-304. Jointly charged defendants; case caption; effect.

[Related Statewide Rule 5-203 NMRA] A. Procedure. In situations where a prosecutor desires to jointly charge two or more defendants in a criminal complaint, indictment, or information, the prosecutor shall instead file individual charging documents for each defendant, under separate cause numbers, cross-referenced in the case caption with the words “CONSOLIDATED WITH...” followed by the cause number(s) of the co-defendants who would otherwise have been jointly charged. Individual charging documents styled in this manner shall be treated for all purposes as if there were one charging document filed with all co- defendants listed thereon, including the transfer of all co-defendants together when one exercises the right of peremptory challenge against the assigned judge or the judge recuses himself or herself as to one or more co-defendants. B. Assigned judge. All co-defendants charged in this manner shall be assigned the same judge and shall be tried together unless severed by the court. C. Compliance with Rule 5-203 NMRA. Any prosecutor seeking to jointly charge two or more defendants under this rule must also comply with the provisions of Rule 5- 203(B) NMRA. [LR9-602 recompiled and amended as LR9-304 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016.]