9-104A. Request for audio or audio-visual appearance.
[For use with Magistrate Court Rule 6-110A NMRA,
Metropolitan Court Rule 7-110A NMRA and
Municipal Court Rule 8-109A NMRA]
STATE OF NEW MEXICO
[COUNTY OF ____________________]
[CITY OF _______________________]
IN THE ___________________ COURT
No. ___________
[STATE OF NEW MEXICO]
[CITY OF _______________________]
v.
__________________________________________, Defendant
REQUEST FOR AUDIO OR
AUDIO-VISUAL APPEARANCE
I understand that I am charged with the following criminal offense or offenses under the law of the [State of New Mexico] [City of ________________________]: (list all offenses charged) ____________________________________________________.
I understand that I am entitled to personally appear before the court at every stage of the criminal proceedings.
I request that the court permit me to appear in court by:
(check applicable alternative)
[ ] telephone or other audio communication
[ ] simultaneous audio-visual communication
for the following proceedings:
(check applicable boxes)
[ ] all proceedings in this case;
[ ] all pretrial proceedings in this case;
[ ] entry of a plea; [and]
[ ] setting or amending bail or conditions of release; [and]
[ ] trial; [and]
[ ] imposition of sentence.
________________________________
Signature of defendant
CERTIFICATE OF DEFENSE COUNSEL
(To be completed if the defendant is represented by counsel.)
I have explained to the defendant the right to personally appear before the court at all stages of the criminal proceedings and the defendant's right, if any, to a trial by jury and I am satisfied that the defendant understands the waiver of rights.
_______________________________ ______________________________
Defense counsel Date
APPROVAL OR DENIAL OF JUDGE
[ ] The request of the defendant to appear by audio or audio-visual communication is denied.
[ ] The request of the defendant to appear by audio or audio-visual means is granted. The defendant shall arrange and pay for the actual costs of all audio or audio-visual appearances. An [audio] [audio-visual] appearance is scheduled for ____________ (a.m.) (p.m.) on the ____________ day of ______________, __________ (date). [The (state) (county) (city) shall participate at (________) ______________ (telephone number) and the court will participate at (________) ______________ (telephone number)].
_________________________________
Judge
_________________________________
Date
USE NOTES
This form has been prepared for the magistrate, metropolitan and municipal courts. It may be modified to delete parts which are inapplicable in municipal court proceedings or petty misdemeanors.
[Approved, effective November 1, 2000; as amended, effective May 15, 2003.]