2019 New Mexico Statutes
Chapter 32A - Children's Code
Article 2 - Delinquency
Section 32A-2-15 - Time limitations on delinquency adjudicatory hearing.

The adjudicatory hearing in a delinquency proceeding shall be held in accordance with the time limits set forth in the Children's Court Rules and Forms [10-101 NMRA].

History: 1978 Comp., § 32A-2-15, enacted by Laws 1993, ch. 77, § 44.

Cross references. — For adjudicatory time limits in delinquency proceedings, see Rule 10-243 NMRA.

Decisions under prior law. — In light of the similarity of the provisions, annotations decided under former Section 32-1-28 NMSA 1978 have been included in the annotations to this section.

Commencement of period for adjudicatory hearing in delinquency proceedings. — The time limit set forth in 10-226 NMRA (now 10-243 NMRA) for commencing an adjudicatory hearing in a delinquency proceeding if the child is not held in custody begins to run when the summons and a copy of the petition are personally served on the child, not when a copy is given to the child's attorney. State v. Jody C., 1991-NMCA-097, 113 N.M. 80, 823 P.2d 322, cert denied, 113 N.M. 23, 821 P.2d 1060.

Granting of continuance within trial court's discretion. — The granting of a motion for continuance is within the sound discretion of the trial court and such action will not be disturbed on review unless there is a showing of abuse of that discretion. Doe v. State, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248.

Law reviews. — For survey, "Children's Court Practice in Delinquency and Need of Supervision Cases Under the New Rules," see 6 N.M.L. Rev. 331 (1976).

For article, "The New Mexico Children's Code: Some Remaining Problems," see 10 N.M.L. Rev. 341 (1980).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Juvenile Courts and Delinquent and Dependent Children § 62 et seq.