New Mexico Forms Library
Decision Information
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 555 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 443 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 363 documents
Decision Content
9-415. Notice of dismissal – felony and non-felony cases.
[For use with Magistrate Court Rule 6-506.1 NMRA, Metropolitan Court Rule 7-506.1 NMRA and Municipal Court Rule 8-506.1 NMRA]
STATE OF NEW MEXICO
[COUNTY OF __________________]
[CITY OF ______________________]
IN THE __________________ COURT
[STATE OF NEW MEXICO]
[COUNTY OF ___________________]
[CITY OF _______________________]
v. |
No. __________ |
_______________________________, Defendant. |
|
NOTICE OF DISMISSAL
The above-captioned case is a
(check applicable alternative)
[ ] FELONY CASE
[ ] NON-FELONY CASE
The criminal complaint filed in this case is dismissed without prejudice pending further investigation.
Notice to Defendant: The state may refile the same criminal charges, or others resulting from the same incident, at a later time. In case charges are refiled, you must ensure that the court has your current contact information (mailing address, phone number, and email) to avoid a bench warrant being issued for your arrest. If your contact information changes at any time, please notify the court as soon as possible.
____________________________________ |
Prosecutor |
CERTIFICATE OF SERVICE
I hereby certify that on this ______ day of ______________, _________ this notice was
[mailed by United States mail, postage prepaid, and addressed to:
Name: ________________________________________________________________
Address: ______________________________________________________________
City, State and Zip Code: _________________________________________________]
[faxed by ______________________________ (name of person who faxed) to the defendant. The transmission was reported as complete and without error. The time and date of the transmission was __________ [a.m.] [p.m.] on _________________ (date).]
[e-mailed by _______________________________________________ (name of person who transmitted) to ______________________ at ______________________ (electronic address of recipient) which is the address on file with the clerk of the Supreme Court. The transmission was successful. The time and date of the transmission was ____________ [a.m.] [p.m.] on __________________ (date).]
____________________________________ |
Signature of Attorney |
____________________________________ |
Date of signature |
If this notice was served by a person other than an attorney, the following must also be completed and filed with the court.
AFFIDAVIT OF SERVICE
I declare under penalty of perjury that a copy of this notice of dismissal was served by [mail] [fax] [electronic transmission] as described above on this ____________ day of ______________, ________.
____________________________________ |
Signature of person who made service |
Subscribed and sworn to before me
this ________ day of ____________, ________.
______________________________________
Judge, notary or other officer
authorized to administer oaths
______________________________________
Official title
USE NOTES
This form may be used to dismiss or nolle prosequi a felony or non-felony case without prejudice.
[As amended, effective August 1, 1999; as amended by Supreme Court Order No. 13-8300-020, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 22-8300-011, effective for all cases pending or filed on or after July 25, 2022.]