In every criminal action in the magistrate court, the original criminal complaint shall be served on the defendant along with the original summons or warrant in the action. Following service of a warrant, the arresting officer shall complete the returns on the other copies of the warrant. The magistrate shall file and retain the second copy of the complaint and summons or warrant with the completed return.
History: 1953 Comp., § 36-7-7, enacted by Laws 1968, ch. 62, § 87; 1991, ch. 82, § 5.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-7-7, 1953 Comp., relating to defendant not summoned and notice by publication, effective January 1, 1969.
Cross references. — For filing of original papers with court, see Rule 6-201 NMRA.
The 1991 amendment, effective June 14, 1991, in the third sentence, inserted "and retained", deleted "with his standardized monthly report, and the third copy shall be retained by the magistrate" at the end, and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422.
Private citizen's right to institute mandamus to compel a magistrate or other appropriate official to issue a warrant, or the like, for an arrest, 49 A.L.R.2d 1285.
22 C.J.S. Criminal Law §§ 321, 324 to 336, 340.
Structure New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 5 - Magistrate Court; Criminal Actions
Section 35-5-1 - Criminal actions; arrest followed by complaint.
Section 35-5-2 - Criminal actions; preparation of forms.
Section 35-5-3 - Criminal actions; disposition of complaint, summons and warrant.
Section 35-5-4 - Criminal actions; disposition of final order and fine receipt.
Section 35-5-5 - Criminal actions; disposition of bail receipt.
Section 35-5-6 - Criminal actions; distributions of supplies.
Section 35-5-8 - Magistrate court; indigency standard; fee schedule; reimbursement.