Rule 10-252 NMRA

Rule 10-252. Modification of judgment.

Last amended: 2009Year: 2009Length: 227 wordsOfficial source
A. Correction of judgment. The court may correct an unlawful disposition at any time and may correct a commitment imposed in an unlawful manner within the time provided by this rule for the reduction of the term of commitment. B. Reduction of term of commitment. A motion to modify or reconsider the disposition may be filed by any party or raised by the court on its own motion: (1) if the initial commitment period is two (2) years or less, within thirty (30) days after the judgment is filed; (2) if the initial commitment period is longer than two (2) years, within ninety (90) days after the judgment is filed; (3) within thirty (30) days after filing in the children’s court of a mandate affirming the judgment or dismissal of an appeal; or (4) upon revocation of probation as provided by law. C. Form of order. A form of order setting a hearing and providing for transportation shall be submitted with the motion to modify or reconsider disposition. D. Disposition. The court shall enter an order either denying or granting a motion to modify or reconsider disposition within sixty (60) days after the date it is filed or the motion is deemed denied. If the court grants the motion, the court may change the disposition from incarceration to probation or enter such other order as deemed appropriate.
Rule 10-252 NMRA: Rule 10-252. Modification of judgment. | Justis AI