New Mexico Forms Library
Decision Information
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,161 documents
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 566 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 447 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 364 documents
Decision Content
9-208. Criminal summons.
[For use with District Court Rules 5-208, 5-209 NMRA,
Magistrate Court Rules 6-204, 6-205 NMRA,
Metropolitan Court Rules 7-204, 7-205 NMRA and
Municipal Court Rules 8-203, 8-204 NMRA]
STATE OF NEW MEXICO
[COUNTY OF ___________________]
[CITY OF _______________________]
_________________________ COURT
No. __________
[STATE OF NEW MEXICO]
[COUNTY OF ___________________]
[CITY OF _______________________]
v.
__________________________________________, Defendant
CRIMINAL SUMMONS
To: ___________________________________________________ (Defendant)
________________________________________________________ (Address)
You are notified that a Complaint, a copy of which is attached hereto, has been filed in this court charging that you committed the offense of ______________________ (common name and description of offense charged).
You are ordered to appear before the undersigned on the __________ day of __________________, ________, at __________ m. at __________________ in the (County of) (City of) __________________ State of New Mexico, to plead to the above charge(s).
If you fail to appear at the time and place specified, a warrant will be issued for your arrest.
Service of this summons shall be by: (personal service) (mail).
___________________________________
Judge or Clerk
Name of the Law Enforcement Entity
Filing the Criminal Complaint
__________________________________________
BY: ______________________________________
Prosecuting Attorney
Law Enforcement Officer
__________________________________________
Address
__________________________________________
CERTIFICATE OF MAILING
I certify that I mailed a copy of the Summons and a copy of the Complaint in the above-styled cause to the defendant at the above address on the __________ day of __________________, ________.
___________________________________
Signature
___________________________________
Title (if any)
___________________________________
Date
RETURN
STATE OF NEW MEXICO )
) ss.
COUNTY OF __________________ )
(check one box and fill in appropriate blanks)
(if full-time salaried law enforcement officer)
[ ] I certify that I served the above Summons on __________________ this __________ day of __________________, ________, by delivering a copy thereof, with copy of complaint attached, in the (county) (municipality) named above in the following manner:
[ ] I, __________________, being duly sworn, upon my oath, say that I am over the age of eighteen (18) years and that I served the within summons the __________ day of __________________, ________, by delivering a copy thereof, with a copy of complaint attached, in the (county) (municipality) named above in the following manner:
(check one box and fill in appropriate blanks)
[ ] to the defendant
(if the defendant was absent)
[ ] to __________________ (name of person), a person over the age of fifteen (15) residing at the usual place of abode of defendant
(if no person is found at defendant's dwelling)
[ ] by posting a copy on the ___________________________________________
(describe place — most public part of premises)
(if a corporation)
[ ] to __________________ (name of officer and title) of __________________ (corporation)
___________________________________
Signature [of Affiant]
of Person Making Service
___________________________________
Title (if any)
* Subscribed and sworn to before me
this ______ day of ________, ________.
________________________________________
Judge, Notary Public or Other Officer
Authorized to Administer Oaths
________________________________________
Official Title
If Notary Public:
My commission expires: _____________________
* If service is made by a full-time salaried law-enforcement officer, the signature of such officer need not be notarized.
[As amended, effective July 1, 1988; January 1, 1990.]