Overview

Keyword Index

SECTION 1.1
JURISDICTION; TIME LIMITS

1.1-1 Jurisdiction
A. General
B. Jurisdiction: Monetary Limit
C. Subject-Matter Jurisdiction: Exclusions
D. Subject-Matter Jurisdiction: Kinds of Actions
E. Territorial Jurisdiction
F. Venue of Actions
G. Personal Jurisdiction
H. Indian Jurisdiction

1.1-2 Time Limits for Bringing Actions
A. Computation of Time Limits
B. Time Limits in General
C. Other Time Limits
D. Determination That Time Limit Has Passed

SECTION 1.2
CIVIL PROCEDURE BEFORE TRIAL

1.2-1 Complaint
A. Filing of Complaint and Docketing of Action
B. Other Matters Related to Complaint

1.2-2 Summons
A. Purpose
B. Issuance
C. Service of Process - General
D. Service of Process - Methods of Service
E. Service by Mail
F. Who May Serve
G. Proof of Service of Process; Return

1.2-3 Answer, Counterclaim, Third-Party Complaint
A. General
B. Counterclaim or Setoff
C. Third-Party Complaint
D. Interpleader
E. Filing of Answer
F. Jury Demand by Defendant
G. Clarifying or Amending Complaint or Answer
H. Service of the Answer
I. Defenses
J. Default

1.2-4 Pleadings and Motions
A. Service and Filing of Papers
B. Pleadings
C. Motions
D. Motion for Judgment on the Pleadings
E. Motion for Summary Judgment

1.2-5 Parties
A. Who may Sue; Real Party in Interest
B. Minors and Incapacitated Persons
C. Death or Incapacity; Transfer of Interest
D. Joinder of Parties
E. Pro Se and Attorney Appearance
F. Other Authorized Appearances
G. Attorney Appearance
H. Withdrawal or Attorney Failure to Act

1.2-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal Without Court Order
C. Voluntary Dismissal By Court Order
D. Involuntary Dismissal By Court Order
E. Counterclaims, Cross-Claims
and Third-Party Claims
F. Costs of Previously Dismissed Action
G. Filing; Service

1.2-7 Other Preliminary Matters
A. Discovery
B. Pretrial Conference
C. Notice of Trial
D. Recording of Trial
E. Appointment of Special Master, Arbitrator or Metropolitan Court Judge Pro Tempore

1.2-8 Joint and Separate Trials
A. Reasons
B. Motions; Order

SECTION 1.3
JUDGMENT; ENFORCEMENT; APPEAL

1.3-1 Judgment
A. Definition
B. Entry of Judgment
C. Multiple Claims or Multiple Parties
D. Damages
E. Interest to Date
F. Costs to be Reimbursed (Taxing Costs)
G. Satisfaction of Judgment
H. Relief from Judgment: Clerical Mistake
I. Relief from Judgment: Void Judgment

1.3-2 Default Judgment
A. Definition; Types
B. Entry of Default Judgment
C. Motion to Set Aside Default Judgment
D. Multiple Parties

1.3-3 Reserved

1.3-4 Determination of Judgment Debtor's Assets
A. Judgment Debtor Examination
B. Deposition

1.3-5 Appeal
A. Right of Appeal
B. Notice of Appeal
C. Record on Appeal
D. Stay of Proceedings to Enforce Judgment
E. Review and Remand

SECTION 1.4
EXECUTIONS AND GARNISHMENTS

1.4-1 Executions of Judgments
A. Definitions; General
B. Writ of Execution
C. Exemptions
D. Claim of Exemption for Satisfaction of Separate and Community Debts
E. Transcript of Judgment
F. Levy and Sheriff's Sale
G. Renewal of Execution
H. Examinations and Depositions to Aid Execution

1.4-2 Garnishment
A. Definitions; General
B. Types of Garnishment
C. Garnishment in Advance of Execution
D. Garnishment in Aid of Execution of Judgment
E. Garnishment in Aid of Execution of Judgment Entered in Another Court
F. Default Judgment Against Garnishee
G. Release of Garnishment
H. Miscellaneous
I. Appeals on Rulings on Claims of Exemptions

SECTION 1.5
SPECIAL PROCEEDINGS

1.5-1 Attachment
A. Definition
B. Constitutionality
C. Procedures
D. Attachment Service Response
E. Dissolution of Attachment
F. Exemptions from Attachmen
G. Appeals in Attachment

1.5-2 Replevin
A. Definition
B. Complaint; Limits
C. Judgment; Execution

1.5-3 Forcible Entry or Unlawful Detainer
A. Procedure; Complaint
B. Judgment
C. Execution
D. Appeal

1.5-4 Bankruptcy
A. Overview of the Bankruptcy Process
B. Effect of Bankruptcy on Civil Court Cases
C. Effect of Bankruptcy on Criminal Court Cases
D. Effect of Bankruptcy on Collection of Criminal Fees and Fines

SECTION 1.6
LANDLORD-TENANT PROCEEDINGS

1.6-1 Uniform Owner-Resident Relations Act
A. Important Note
B. Coverage; Application of Act
Chart: Obligations of Owner and Resident Under Owner-Resident Relations Act
C. Obligations of the Owner Under the Act
D. Obligations of the Resident Under the Act
E. Types of Actions Allowed Under the Act
Chart Owner Resident Relations Act
Causes of Action
F. Notice
G. Termination of Rental Agreements and Abatement of Rent
H. Actions for Possession
I. Actions for Damages
J. Petition by Owner for Restitution; Petition by Resident for Relief; Summons
K. Judgment; Writ of Restitution
L. Actions for Counterclaim
M. Appeal in Actions for Possession
N. Deposits
O. Disposition of Property Left on Premises

1.6-2 Mobile Home Act
A. Application of Act
B. Conflicts of Law
C. Obligations of Owner
D. Obligations of Tenant
E. Tenancy Requirements, Rental Agreements
F. Termination of Tenancy
G. Action for Termination/Forcible Entry/Detainer
H. Security Agreements/Deposits
I. Alternative Dispute Resolution
J. Conflicts of Law/Mediation

CRIMINAL CHAPTER

SECTION 2.1
MISDEMEANORS: GENERAL; PROCEDURES BEFORE TRIAL

2.1-1 General
A. Definitions
B. Jurisdiction
C. Venue
D. Time Limitations
E. Determination of Present Competency

2.1-2 Complaint; Summons; Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Criminal Summons
C. Arrest without a Warrant
D. Preliminary Rights
E. Probable Cause Determination
F. Detention Hearing for Children
G. Arrest Warrant

2.1-3 Arraignment
A. Definition; General
B. Juveniles in the Magistrate and
Metropolitan Courts
C. Explanation of Rights
D. Representation by Counsel
E. Entry of Plea

2.1-4 Joint and Separate Trials
A. Joinder of Offenses
B. Joinder of Defendants
C. Consolidation
D. Severance; Separate Trials

2.1-5 Jury Trial
A. Right to Jury Trial
B. Exercise or Waiver of the Right to Jury

2.1-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal by Prosecution
C. Dismissal for Failure to Prosecute
D. Refiled Complaints in Metropolitan Court

2.1-7 Sentencing Options
A. Deferral, Suspension and Probation

2.1-8 Other Preliminary Matters
A. Subpoenas
B. Discovery
C. Pretrial Conference
D. Motions
E. Recording of Trial
F. Service and Filing by Facsimile
G. Service and Filing by Electronic Transmission

SECTION 2.2
FELONIES

2.2-1 General
A. Definition
B. Authority of Court

2.2-2 Complaint and Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Issuance of Arrest Warrant
C. Arrest and Return
D. Arrest Followed by Complaint
E. Amendment of Complaints

2.2-3 First Appearance
A. Definition; General
B. Explanation of Rights
C. Representation by Counsel
D. Determination of Indigency
E. Release; Bail
F. Explanation of Preliminary Examination and Grand Jury Indictment Process
G. Dialogue for First Appearance

2.2-4 Fugitive Actions
A. Fugitive Complaint
B. Arraignment and Commitment Hearing
C. Transfer of Actions

SECTION 2.3
MISDEMEANORS: JUDGMENT; SENTENCE; APPEAL

2.3-1 General
A. Judgment and Sentence; Written Orders
B. Right to Appeal

2.3-2 Sentencing
A. Pre-Sentence Report
B. Sentencing Options
C. Sentencing for Hate Crimes
D. Terms and Conditions of a Deferred or Suspended Sentence: Probation
E. Successful Completion of or Violation and Revocation of Probation

2.3-3 Court Costs and Fines
Payment of Court Costs and Fines

2.3-4 Appeal
A. Right, Notice and Docketing of Appeal
B. Transcript of Proceedings
C. Conditions of Release
D. Disposition; Time Limitations

SECTION 2.4
GAME AND FISH VIOLATIONS

2.4 Game and Fish Violations
A. Jurisdiction; Penalties
B. Arrest; Search Warrants; Citations
C. Prosecution

SECTION 2.5
SEARCH AND SEIZURE

2.5-1 Search Warrants
A. General
B. Sufficiency of Affidavit; Probable Cause

2.5-2 Searches Without Warrants
A. General
B. Searches of Persons and Places
C. Searches of Motor Vehicles

2.5-3 Motion to Suppress
A. General
B. Who May File Motion
C. Grounds for Suppression

2.5-4 Gambling: Search and Seizure
A. Affidavit
B. Search Warrant
C. Execution: Arrest

2.5-5 Inspection Orders
A. Administrative Inspection; Defined
B. Application for Inspectorial Search Order
C. Probable Cause for Issuance of Inspection Order
D. Exceptions to Requirement for Inspection Order

SECTION 2.6
RELEASE; BAIL

2.6-1 General
A. Right to Release; Purpose of Conditions
B. Factors to be Considered Prior to
Setting Conditions of Release
C. Conditions of Release to Assure Orderly Administration of Justice
D. Release Proceedings
E. Release Forms
F. Failure to Comply with Conditions of Release
G. Failure to Appear
H. Forfeiture of bail -- exoneration
I. Misdemeanors: Continuation and
Review of Release

2.6-2 Personal Recognizance and Bonds
A. Personal Recognizance
B. Bonds; General
C. Unsecured Appearance Bond
D. Appearance Bond: Cash Deposit.
E. Appearance Bond: 100 Percent Cash Deposit
F. Bail Bond
G. Bail Bond: Discharge of Surety
H. Bonds: Forfeiture

GENERAL CIVIL & CRIMINAL CHAPTER

SECTION 3.1
SUBPOENAS

3.1 Subpoenas
A. General
B. Issuance; General Rules
C. Service of Subpoena
D. Motion to Quash Subpoena
E. Failure of Appear

SECTION 3.2
JURY SELECTION AND TRIALS

3.2-1 Calling of Prospective Jurors
A. General
B. Request for Qualified Jurors
C. Excusing
D. Jury Costs

3.2-2 Trials General

3.2-3 Calling the Cause
A. Start of Trial
B. Readiness to Proceed with Trial
C. Motion to Quash Jury Array
Appendix
UJI Civil 13-106 7
UJI Criminal 14-101 10

3.2-4 Selection of Jury
A. Calling Jurors
B. Voir Dire: General
C. Challenges for Cause
D. Drawing Names
E. Peremptory Challenges
F. Additional Jurors
G. General
Appendix
   Voir Dire Instructions in Civil Cases
   Voir Dire Instructions in Criminal Cases

3.2-5 Oath to Jurors; Preliminary Instructions
A. Oath
B. Preliminary Instructions
C. Opening statement -- UJI Civil 13-108
Appendix
   Preliminary Instructions in Civil Cases
   Preliminary Instructions in Criminal Cases

3.2-6 Witness Oath; Exclusion Rules; Opening Statements
A. Witness Oath
B. Exclusion Rule
C. Opening Statements

3.2-7 Presentation of Evidence
A. Order of Presentation
B. Witnesses: Testimony
C. Defendant as Witness
D. Introduction of Documentary Evidence and Other Things
E. Objections
F. Confessions

3.2-8 Rules of Evidence
A. Overview
B. Application of the Rules of Evidence
C. Construction of the Rules of Evidence
D. General Principles of Evidence
E. Relevancy
F. Evidence on Specific Topics
G. Witness Testimony
H. Hearsay
I. Privileges

3.2-9 Instructions to Jury
A. General
B. Instructions in Criminal Cases
C. Instructions in Civil Cases
D. Requested Instructions

3.2-10 Closing Arguments
A. Definition
B. Order of Presentation

3.2-11 Jury Deliberation; Verdict; Trial by Court
A. Deliberation
B. Procedure When Jury Reaches Verdict
C. Failure of Jury to Reach Verdict
D. Trial by Court: Nonjury Trials

3.2-12 Motions for Directed Verdict or Dismissal During Trial
A. Motion for Directed Verdict
B. Motions for Dismissal

3.2-13 Motion for New Trial

3.2-14 Preservation and Disposition of Exhibits
A. Preservation
B. Return to Court for Appeal
C. Final Disposition

SECTION 3.3
BENCH WARRANT

3.3 Bench Warrant
A. General
B. Issuance
C. Execution; Return
D. Grounds for Issuing Bench Warrant

SECTION 3.4
CONTEMPT

3.4 Contempt
A. General; Definitions
B. Direct Contempt
C. Indirect Contempt
D. Notice
E. Hearing
F. Punishment; Appeal

SECTION 3.5
EXCUSAL, RECUSAL, INABILITY TO PROCEED

3.5-1 Excusal, Recusal, Inability to Proceed
A. Excusal
B. Recusal
C. Inability of a Judge to Proceed
D. Procedure for Replacing a Judge Upon Excusal or Recusal - Magistrate Court
E. Procedure for Replacing a Judge Upon Excusal or Recusal - Metropolitan Court

3.5-2 Recording of Proceedings
A. Record
B. Broadcasting and Photographs

SECTION 3.6
EFFECTIVE DATES OF STATUTES AND COURT RULES

3.6 Effective Dates of Statute and Court Rules
A. General
B. Exceptions

2.2-3 First Appearance

A. Definition; General

1. The initial appearance is the proceeding at which the arrested person is brought before the judge for the first time after his or her arrest. When the arrest is made without a warrant, the arresting officer is required to take the person before a judge without unnecessary delay. Section 35-5-1.
2. An officer must have probable cause to make a warrantless arrest. United States v. Watson, 425 U.S. 411 (1976). If a defendant is in custody after a warrantless arrest, the court must make a probable cause determination promptly, but in any event, no later than 48 hours after the defendant has been placed in custody and no later than the initial appearance, whichever occurs earlier. Magis. Ct. R. 6-203(A); Metro. Ct. R. 7-203(A).
3. The judge may not require the defendant to plead to the complaint, nor may the judge enter a plea for the defendant. Pleas to felony charges are entered in district court.
4. A first appearance may be made before the court by use of a two-way audio-video communication if the following conditions are met:

   a. the defendant and defendant's counsel are able to have private, unrecorded communications;

   b. the judge, legal counsel and defendant are able to communicate and see each other through a two-way audio video system; and

   c. the proceedings are conducted in a place where the public can see and hear the proceedings at the same time as the judge. Magis. Ct. R. 6-110A; Metro. Ct. R. 7-110A.

B. Explanation of Rights

1. At the first appearance of the arrested defendant before the judge, the judge informs the defendant of the offense charged and of his or her rights. Magis. Ct. R. 6-501(A); Metro. Ct. R. 7-501(A).
2. The judge must inform the defendant of all of the following:

   a. The offense charged.

   b. The maximum penalty and mandatory minimum penalty for the offense charged.

   c. The right to bail. See §2.2-3(E) of this Benchbook regarding bail.

   d. The right, if any, to trial by jury.

   e. The right to the assistance of counsel at every stage of the proceedings. See §2.2-3(C) of this Benchbook regarding right to counsel.

   f. The right to representation by an attorney at the state’s expense if the defendant is indigent. See §2.2-3(D) of this Benchbook regarding determination of indigency.

   g. The right to remain silent and the fact that any statement made by the defendant may be used against him or her. And,

   h. The right to a preliminary examination unless indicted first. See §2.2-3(F) of this Benchbook regarding preliminary examination.

3. If the offense charged is not within the court's trial jurisdiction and if the defendant waives preliminary examination, the judge shall bind the defendant over to district court. Magis. Ct. R. 6-501(D); Metro. Ct. R. 7-501(D); Criminal Form 9-205 (Waiver of Preliminary Hearing and Presentation of Grand Jury). If the defendant does not waive preliminary examination, the judge shall conduct such an examination within the proper times in accordance with Rules 6-202 and 7-202.

C. Representation by Counsel

1. After the explanation of rights, the judge determines whether the defendant is represented by counsel.
2. If the defendant is not represented by counsel, the judge allows the defendant reasonable time and opportunity to make telephone calls and consult with counsel before the proceedings continue. Magis. Ct. R. 6-501(A); Metro. Ct. R. 7-501(A).
3. The defendant is encouraged to obtain counsel and is advised of the right to representation by the public defender or appointed counsel if the defendant is unable to afford a private attorney.
4. The defendant may waive the right to counsel. Section 31-16-6. A waiver should be accepted only after the judge has informed the defendant of the right to counsel and is convinced that the defendant understands the consequences of the waiver. Section 31-15-12; Criminal Form 9-401A (Waiver of Counsel). In making this determination the judge must consider such factors as the person's age, education, familiarity with English, and the complexity of the crime involved. Section 31-16-6.
5. If the defendant insists on waiving the right to counsel, he or she must sign the waiver of counsel form. The form is also signed by the judge and the public defender or other counsel appearing with the defendant at the first appearance. Criminal Form 9-401A (Waiver of Counsel).

D. Determination of Indigency
Criminal Form 9-403 is to be used to determine whether a defendant is indigent and eligible for court-appointed defense counsel.

E. Release; Bail

1. If the defendant has not been released prior to the first appearance, the judge determines conditions of release and issues a release order. Magis. Ct. R. 6-401; Metro. Ct. R. 7-401; Criminal Forms 9-302 (Order Setting Conditions of Release and Appearance Bond), 9-303 (Order Setting Conditions of Release Bail Bond), and 9-303A (Release Order and Bond).
2. If the defendant has been released, the judge may review and modify the type of release or the amount of bond and may also set conditions of release.

F. Explanation of Preliminary Examination and Grand Jury Indictment Process

1. The judge explains to the defendant that he or she has a right to a preliminary examination and may also explain that:

   a. The preliminary examination will be held within ten days from the first appearance if the defendant is still in custody at that time or, preferably, within sixty days if the defendant has been released. Magis. Ct. R. 6-202(D); Metro. Ct. R. 7-202(D).

   b. Dismissal is not an appropriate remedy for failure to conduct a preliminary hearing within the time limits when defendant is not in custody and has not demonstrated prejudice. State v. Tollardo, 99 N.M. 115 (Ct. App. 1982).

   c. At the hearing, the prosecution examines witnesses, and the defendant may call witnesses and cross-examine any witness. An audio taped record is made of the preliminary examination and is kept by the court for a period of six (6) months. Magis. Ct. R. 6-202(A) & (B); Metro. Ct. R. 7-202(A) & (B).

   d. The defendant will be bound over to district court for trial if evidence is produced showing probable cause that the offense was committed and that the defendant committed the offense; if the State fails to show probable cause, the defendant will be discharged. Magis. Ct. R. 6-202(C); Metro. Ct. R. 7-202(C).

   e. If the defendant is bound over for trial or indicted, the judge must transfer any bond to the district court. Magis. Ct. R. 6-202(F); Metro. Ct. R. 7-202(F).

2. If the defendant waives a preliminary examination after having been advised of his or her rights, the judge binds the defendant over to district court for trial. However, the defendant should be advised not to waive preliminary examination until after consulting with counsel.
3. If the defendant waives a preliminary examination, the judge should inform the defendant that he or she may be formally charged with a felony offense or offenses by an indictment of a grand jury that is filed by the district attorney or attorney general in the district court. N.M. Const. art. II, §14; §31-6-10. The judge should inform the defendant that in order for the grand jury to return an indictment against the defendant, the grand jury must find, from lawful evidence, that the defendant committed a felony offense and that there is probable cause to accuse the defendant of that offense. In order to return an indictment, eight out of twelve jurors must concur with the decision. Section 31-6-10.

G. Dialogue for First Appearance Introduction
(Dialogue taken from Criminal Justice Standards Benchbook for Special Court Judges)

1. The judge may use the following dialogue or a modified version of it, in conducting the first appearance.
2. If one first appearance is conducted for a number of defendants, the general part of the dialogue may be read once for all of the defendants. Then each defendant may be called forward separately with counsel, if any, for the specific parts of the dialogue (starting with "Offense Charged and Penalty")

   Dialogue

   " I am Judge __________________."

   " This is a first appearance hearing for the following individual[s]: [read the name of each defendant for whom the first appearance is being conducted]. You are charged with a violation of criminal law, and the primary purpose of this hearing is to insure that you know and understand the charge or charges against you. At this hearing, there will be no determination made about your guilt or innocence of the alleged violation. The hearing is only to ensure that you know and understand the charge or charges against you."

   Explanation of Rights

   " In addition to ensuring that you know and understand the charge or charges against you, another purpose of this hearing is to advise you of your rights."

   1. "You have the right to bail. During this hearing, a determination will be made as to whether bail should be set in your case or, if it has already been set, if it should remain the same, be raised, or be lowered. The court may determine that you should be released upon your own recognizance: that is, your personal promise to appear for future court proceedings; or the court may establish other conditions for your release."

   2. "You are entitled to be represented by an attorney at every stage in the proceedings. You have a right to have your own attorney. If you cannot afford to hire an attorney, one will be appointed for you."

   3. "You have a constitutional right to remain silent, and you do not have to give any statement to the police or to any other law enforcement officer or any other person. You are reminded that if you do make a statement, anything you say may be used against you in a future hearing or proceeding."

   4. "You are entitled to a preliminary examination before a judge to determine if there are reasonable grounds to charge you with a crime or crimes with which you are charged. If at the conclusion of the preliminary hearing, the judge finds that there are reasonable grounds to charge you with the crimes or crime you will then be bound over to the district court for further action. If, on the other hand, the judge finds that there are no reasonable grounds to charge you with the crime or crimes committed, the charge(s) will be dismissed and you will be discharged from further custody or pre-trial release obligations unless charges are re-filed. A preliminary examination will be held within ten days if you are still in custody at that time or, generally, within sixty days if you have been released. Whether or not there is a preliminary examination and no matter what the result of the preliminary hearing, you may be later notified by the office of the district attorney or attorney general that you are the target of a grand jury proceeding. If the grand jury returns an indictment against you, criminal proceedings will be initiated by the prosecution in the district court."

   5. "You have the right to trial by jury to determine your guilt or innocence. At the trial, the State must prove your guilt beyond a reasonable doubt. You usually have a right to see, hear, question, and cross-examine the witnesses who will testify against you at trial. You are also entitled to summon and have witnesses present to testify on your behalf."

   Offense Charged and Penalty

   Note: The information in brackets is read from the complaint.

   " You are charged with [common name of offense] which is a violation of Section [section number] of New Mexico Statutes Annotated, 1978 Compilation. It is alleged that on or about [date] you did [essential facts]."

   " This charge is a felony and is punishable by a maximum sentence of __________ and a minimum sentence of __________."

   " Have you been provided with a written copy of the charge or charges against you? [If answer is "no", provide defendant with the pink copy of criminal complaint.]"

   Representation by Attorney

   (See Section 2.2-3(C) of this Benchbook regarding representation by counsel.)

   " Are you represented by an attorney at this proceeding?" [If the answer is "yes", proceed to the Pre-Trial Release section unless a member of the public defender's staff is appearing with the defendant. If answer is "no", then ask:] "Do you wish to be represented by an attorney at this proceeding?" [If the answer is "no", the judge should remind the defendant of the right to counsel; if the defendant insists on waiving this right, a waiver of counsel form must be signed by the defendant and the public defender. If the answer is "yes", the proceeding should be delayed until an attorney can be present.]

   Indigency

   (See §2.2-3(D) regarding determination of indigency. Note: In Metropolitan Court, the Pretrial Services Division determines indigency at or before first appearance. If necessary, the judge may further question the defendant at first appearance.)

   [If defendant has not waived the right to counsel and is not represented by private counsel, ask:] "Do you presently have funds with which to employ an attorney?" [If the answer is "yes", proceed to the Pre-Trial Release section below. If the answer is "no", inform the defendant that the district court will determine whether or not the defendant is indigent and entitled to representation by the public defender. If a representative of the district court is not present at the first appearance, inform the defendant that he or she needs to contact the court regarding a determination of indigency.]

   Pre-Trial Release

   " As I have previously informed you, one of the purposes of these proceedings is to determine conditions of pre-trial release in your case." [The Record of Responses to Questions at Hearing to Determine Indigency should be completed before the first appearance and reviewed by the judge at this time. The following oral questions should be asked only when necessary in order to obtain information on which to base a decision about pre-trial release.]

   1. "How long have you lived in the State of New Mexico?"

   2. "How long have you lived in __________ County?"

   3. "Where are you presently employed?"

   4. "How long have you been employed there?"

   5. "Where were you employed prior to that time?"

   6. "How long were you employed there?"

   7. "Where do you currently reside and how long have you lived at that address?"

   8. "Have you ever been arrested for any violation of the law prior to this alleged offense?" [If answer is "yes", then ask:] "What was the ultimate disposition of those criminal charges? With reference to those criminal charges, did you always appear in court when notified to do so?"

   9. "Does the prosecutor have anything to say on the issue of bail?"

   10. "Does the attorney for the defendant wish to say anything on the issue of pre-trial release?"

   " This court determines that because of the information presented to this court today, you will be released:

   1. upon your own recognizance;

   2. upon your own recognizance under the following conditions:
   _____________________________;

   3. in the care of _____________;

   4. under the supervision of _________________________;

   5. upon the execution of an appearance bond binding you to pay the State of New Mexico _____________ dollars if you fail to comply with the conditions of bond;

   6. upon the execution of an appearance bond binding you to pay the State of New Mexico _____________ dollars if you fail to comply with the conditions of the bond; you will also be required to deposit with the court the sum of __________ dollars in cash; this cash deposit is ______ percent of the required bond and is intended to secure performance of the bond [cash deposit may not exceed 10 percent of bond];

   7. upon execution of an appearance bond in the amount of __________ dollars and deposit of the full amount of the bond in cash with the court.