New Mexico Forms Library

9-511.  Waiver of six month trial rule.

[For use with Magistrate Court Rule 6-506 NMRA

and Municipal Court Rule 8-506 NMRA.]

STATE OF NEW MEXICO

[COUNTY OF _________________]

[CITY OF _____________________]

IN THE ________________ COURT

                                                                                                                        No. _________

[STATE OF NEW MEXICO]

[CITY OF _____________________]

v. 

______________________________

WAIVER OF SIX MONTH TRIAL RULE

I understand that I have a right to have the trial in this case begin within one hundred eighty-two (182) days after my arraignment.  I understand my signature on this form means I give up my right to have the charges in this case dismissed with prejudice if the trial does not begin within one hundred eighty-two (182) days after my arraignment, as by provided by rule.

I further understand that I am not giving up any right to a speedy trial under either the United States or New Mexico constitutions.

After reading and understanding all of the above, and consulting with counsel, I knowingly and voluntarily give up my right to have the trial in this case begin within the time limits provided by court rule.

                                                                                    _______________________________

                                                                                    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 trial within one-hundred eighty two (182) days and that this right may be waived by the defendant and I am satisfied that the defendant understands the waiver of the right to trial within the time provided by court rule.

____________________________________   ________________________________

Defense counsel                                                      Date

APPROVAL OF JUDGE

Permission to waive trial within the time limits provided by court rule is:

[ ]         granted under the following conditions __________________ (list any conditions).

[ ]         denied.

                                                                                    ________________________________

                                                                                    Judge

                                                                                    ________________________________

                                                                                    Date

USE NOTES

            This form is to be used when the defendant wishes to permanently waive rights under Rule 6-506 NMRA or Rule 8-506 NMRA.

[Approved by Supreme Court Order No. 07-8300-033, effective November 15, 2007.]