2021 New Mexico Statutes
Chapter 31 - Criminal Procedure
Article 6 - Grand Jury
Section 31-6-5 - Return of indictments.

Indictments shall be returned by the grand jury within twenty-four hours following the day when the indictment is voted. Indictments shall not name persons as unindicted coconspirators. Indictments may be filed and prosecution and trial had thereon without regard to court terms. No-bills shall be sealed and filed with the district court clerk. Upon application to the court by the state for good cause shown, or upon request by the target, the court may release a sealed no-bill.

History: 1953 Comp., § 41-5-5, enacted by Laws 1969, ch. 276, § 5; 1979, ch. 337, § 3; 2003, ch. 363, § 3.

Repeals. — Laws 1969, ch. 276, § 14, repealed former 41-5-5, 1953 Comp., relating to the court's decision on the grand jury challenge and the duty of the clerk to record it.

The 2003 amendment, effective July 1, 2003, deleted "or the person named in the proposed indictment, the court may release a sealed no-bill" and inserted "or upon request by the target, the court may release a sealed no-bill" in the last sentence.

"Returned by the grand jury" defined. — "Returned by the grand jury" in this section means an indictment voted by the grand jury, signed by the foreman and filed either with the court clerk or the judge. Where these requirements were met, the fact that the entire grand jury was not present at the time of the "return" did not invalidate the indictment. State v. Blakley, 1977-NMCA-088, 90 N.M. 744, 568 P.2d 270.

Filing regardless of whether court in session. — This provision implies that an indictment may be filed without regard to whether court was in session when it was filed. State v. Ellis, 1976-NMCA-036, 89 N.M. 194, 548 P.2d 1212, cert. denied, 89 N.M. 206, 549 P.2d 284.

Period could include weekends. — The 24-hour period of this section does not include Saturdays and Sundays if the court which convened the grand jury was not in session on those days. Where the grand jury voted the indictment on Friday night, return of the indictment on the following Monday complied with this section. State v. Blakley, 1977-NMCA-088, 90 N.M. 744, 568 P.2d 270.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 41 Am. Jur. 2d Indictments and Informations § 31.

Power of grand jury to withdraw or alter indictment, or return of "not a true bill," 82 A.L.R. 1057.

42 C.J.S. Indictments and Informations § 23.