New Mexico Forms Library

9-508.  Order declaring mistrial upon jury disagreement.

[For use with District Court Rule 5-611 NRMA,

Magistrate Court Rule 6-610 NMRA and

Metropolitan Court Rule 7-610 NMRA]

STATE OF NEW MEXICO

COUNTY OF ___________________

________________________ COURT

                                                                                                                        No. __________

STATE OF NEW MEXICO

v.

__________________________________________, Defendant

ORDER DECLARING MISTRIAL UPON JURY DISAGREEMENT

            The jury having deliberated a reasonable time and having reported to the court that they are unable to agree upon a verdict herein and the court having polled the jury in accordance with (Rule 5-611 NMRA) (Rule 6-610 NMRA) (Rule 7-610 NMRA) of the Rules of Criminal Procedure;  

            IT IS THEREFORE ORDERED, as follows:   

            1.         The jury found the defendant not guilty of the charges of ______________

______________________________________________________________________

______________________________________________________________________

and it is adjudged that the defendant is not guilty of these charges.

            2.         A mistrial based on jury disagreement is declared as to the ____________

____________________________________ (common name of count or highest degree of offense upon which the jury could not agree).

            3.         The power to retry the charges upon which the mistrial is declared is reserved.

            4.         The jury is discharged from the further consideration of this cause.  

                                                                        _____________________________________

                                                                        Judge

[As amended, effective October 1, 1996.]