New Mexico Forms Library
Decision Information
Chapter 35 - Magistrate and Municipal Courts - cited by 1,901 documents
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,501 documents
Rule Set 2 - Rules of Civil Procedure for the Magistrate Courts - cited by 499 documents
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,154 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
9-612. Order on direct criminal contempt.
[For use with District Court Rules 1-093 and 5-112 NMRA,
Magistrate Court Rules 2-110, 6-201 and 6-111 NMRA,
Metropolitan Court Rules 3-110, 7-201, and 7-111 NMRA,
and Municipal Court Rules 8-201 and 8-110 NMRA]
STATE OF NEW MEXICO
[COUNTY OF ___________________]
[CITY OF _______________________]
_____________________ COURT
[STATE OF NEW MEXICO]
[COUNTY OF ___________________]
[CITY OF _______________________]
v. No. __________
________________________________, Defendant.
ORDER ON DIRECT CRIMINAL CONTEMPT1
This matter came before the court on ______________________ (month/day/year). The defendant, __________________________, was present [pro se] [represented by attorney _________________________.
THE COURT FINDS that the defendant, in the presence of this court, ______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
(State the action which constitutes direct criminal contempt.)2
The Honorable _____________________ (name of judge) personally observed the contemptuous conduct, which was committed in the judge’s presence without the need for further fact finding.
It is adjudged that the defendant is guilty of direct criminal contempt of court.
The defendant is sentenced to:
[ ] Confinement: Serve at the ________________________ detention center for ____ day(s), with ____ day(s) suspended;
[ ] Probation: [Supervised] [Unsupervised] probation for ____ day(s);
[ ] Probation Conditions:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
[ ] Fine: $_______. with $_______ suspended, for a total of $_______;
[ ] Total fees: $_______;3
[ ] This sentence shall run [consecutive] [concurrent] with the sentence in _______________ (Cause No.).
[ ] The sentence is deferred on the following conditions: ________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________.
Total Probation [Supervised] [Unsupervised]: ______ Day(s)
Total Fine Sentenced: $ __________
Total Fees Sentenced: $ __________
Itemized Fees: ______________________________________________________________________
_____________________________________________________________________3
Bench Warrant Fees Due as of __________ (date): $________ (in addition to fines and fees)
Total Due as of __________ (date): $________ To be paid in full within 30 days or per signed payment plan filed with the court.
___________________________________
Judge
USE NOTES
1. This order constitutes a judgment and sentence and must be docketed as a separate criminal matter with a new case number.
2. Include a full statement of the facts and describe any warnings given to the defendant.
3. The magistrate and metropolitan courts should assess and collect court costs and fees on a criminal contempt conviction as set forth in NMSA 1978, Section 35-6-1. The municipal court should assess and collect court costs as set forth in NMSA 1978, Section 35-14-11.
[Adopted by Supreme Court Order No. 09-8300-037, effective November 16, 2009; as amended by Supreme Court Order No. 16-8300-016, effective for all cases pending or filed on or after December 31, 2016.]