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Rule Set 10 - Children's Court Rules and Forms - cited by 508 documents

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10-727. Waiver of right to have a children’s court judge preside over hearing.

[For use with Rule 10-163(C)(2) NMRA]

 

STATE OF NEW MEXICO

COUNTY OF ____________________

______________ JUDICIAL DISTRICT

IN THE CHILDREN’S COURT

 

In the Matter of _____________, a Child.                                               No. __________

 

WAIVER OF RIGHT TO HAVE A

CHILDREN’S COURT JUDGE

PRESIDE OVER HEARING1

 

            I, the child in the above-named proceedings, have been advised of my right to have a children’s court judge preside over all hearings in my case.

            I understand that a special master has been appointed by a children’s court judge to preside over the _________________________ (type of hearing) hearing on ________________ (date).

            I understand that the special master may preside over the hearing only if I waive my right to a children’s court judge.

            Being fully advised, I waive my right to have a children’s court judge preside over the hearing referenced above.

 

_________________________                            _________________________

Child                                                                           Date

_________________________                            _________________________

Child’s Attorney                                                        Date

 

APPROVED:

 

_________________________

Children’s Court Special Master

_________________________

Children’s Court Attorney

 

USE NOTES

 

            1.         This form shall be used when the child’s consent is required before a special master may preside over a hearing in a delinquency proceeding. See Rule 10-163(C)(2) NMRA. The child’s consent is not necessary for a special master to make a judicial determination of probable cause, to preside over a detention hearing, to advise a party of basic rights, or to appoint counsel, a guardian, or a custodian. See id.

[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]

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