9-104

[For with Courts of Limited Jurisdiction

Rules 6-109, 7-109, 8-108]

STATE OF NEW MEXICO

[COUNTY OF _______________]

[CITY OF _________________]

____________________ COURT                                                           No. ____________

[STATE OF NEW MEXICO]

[CITY OF ______________________]

v.

________________________________

WAIVER OF APPEARANCE

            I understand that I am charged with the following criminal offense or offenses under the law of the [State of New Mexico] [City of ______________]: ________________________ (list all offenses charged).

             I understand that I am entitled to personally appear before the court at every stage of the criminal proceedings.

            I have received and read a copy of the complaint or citation or had the complaint or citation read to me. I understand the offense or offenses charged and the penalty provided by law if I am convicted.

            After reading and understanding the above, I request that the court permit me to waive a personal appearance in court for the following proceedings:

(check applicable boxes)

[ ]        all proceedings in this case;

[ ]        arraignment;

[ ]        plea;

[ ]        bail or conditions of release;

[ ]        trial;

[ ]        imposition of sentence.

I plead to all of the charges in the complaint or citation:

(check one, if applicable)

[ ]        guilty.

[ ]        not guilty.

[ ]        no contest.

                                                                        ______________________________

                                                                        Signature of defendant

                                    CERTIFICATE OF DEFENSE COUNSEL

(To be completed if the defendant is represented by counsel)

            I have explained to the defendant the right to personally appear before the court at all stages of the criminal proceedings and the defendant's right, if any, to a trial by jury and I am satisfied that the defendant understands the waiver of rights.

____________________________                _____________________

Defense counsel                                             Date

APPROVAL OF JUDGE

Permission to waive appearance is

[ ]        granted under the following conditions __________________ (list any conditions).

[ ]        denied.

                                                                        ___________________________

                                                                        Judge

                                                                        ____________________________

                                                                        Date

USE NOTE

This form has been prepared for the magistrate, metropolitan and municipal courts. It may be modified to delete parts which are inapplicable in municipal court proceedings or petty misdemeanors.

[As amended, effective November 1, 1996; November 1, 2000.]