Form 9-201, Criminal complaint, is the New Mexico Supreme Court approved form that a complainant signs to state, under penalty of perjury, that a named defendant committed an offense. It is written for use with District Court Rule 5-201 NMRA, Magistrate Court Rule 6-201 NMRA, Metropolitan Court Rule 7-201 NMRA and Municipal Court Rule 8-201 NMRA. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The form is published by the New Mexico Judicial Branch at nmcourts.gov.
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What is 9-201?
Criminal Form 9-201 NMRA, Criminal complaint, is the New Mexico court form on which a complainant describes an alleged offense, names the defendant and the statute or ordinance violated, and swears or affirms under penalty of perjury that the facts are true to the best of the complainant's information and belief.
The form is issued as a Supreme Court approved form of the New Mexico Judicial Branch. Its heading says it is for use with District Court Rule 5-201 NMRA, Magistrate Court Rule 6-201 NMRA, Metropolitan Court Rule 7-201 NMRA and Municipal Court Rule 8-201 NMRA, so one form serves four levels of court. The caption has a line for the name of the court, a case number and the defendant's name, with bracketed lines for a county or a city.
In the body, the complainant gives the common name of the offense, the date and county of the alleged act, a statement of the essential facts, and the section of the New Mexico statute, municipal code or ordinance that was allegedly violated. The form ends with the complainant's signature, an "Approved" signature block and a section for a judge's probable cause determination, when one is required.
A companion form, Criminal Form 9-207A NMRA, is named on the page as an optional substitute for the probable cause section.
Who needs to file 9-201?
The complainant uses this form: the person who signs it and swears or affirms that the facts stated in it are true to the best of his or her information and belief. The form has a line for the complainant's title, if any, which shows it can be signed by a person acting in an official role as well as by a private person.
It is written for criminal cases in four New Mexico courts: district, magistrate, metropolitan and municipal courts, each tied to its own rule number (5-201, 6-201, 7-201 and 8-201 NMRA). The form names the offense by statute, municipal code or ordinance, so it can be used for state offenses and for local ones.
A second person signs the Approved block with his or her title. A judge completes the final section, the probable cause determination, only if one is required; Criminal Form 9-207A NMRA is available in lieu of completing that section.
The form prints a warning that making a false statement in a criminal complaint is a criminal offense subject to the penalty of imprisonment. It says nothing about who may sign for someone else.
When to file 9-201
Form 9-201 is used when a complainant is ready to swear to the facts of an alleged offense and begin the criminal complaint in the court named in the caption. The form prints no due date or filing window of its own; the date that matters on it is the date the alleged offense occurred, entered after "on or about the" in the body.
The last section applies only "If Probable Cause Determination Required." In that case a judge checks Probable Cause Found or Probable Cause Not Found, and Defendant Released from Custody and enters the judge's name, the date and the time. Criminal Form 9-207A NMRA is available in lieu of completing that section.
For any timing rule that applies to a particular case, see the court rule cited in the form's heading for the court where the case is brought.
Documents you need
- Criminal Form 9-207A NMRA, optional: the form says it is available in lieu of completing the probable cause section of Form 9-201.
How to fill out 9-201
Complete the caption
Write the county or city on the bracketed lines that apply, the name of the court on the "COURT" line, the case number after "No." and the defendant's name before "Defendant."
Enter the crime
On the CRIME line, enter the common name of the offense or offenses.
State the date and county
Fill in the day, month and year after "on or about the," then the county. The State of New Mexico is already printed.
Describe the essential facts
In the lines after "did:" state the essential facts of what the defendant or defendants did.
Cite the statute or ordinance
After "contrary to Sections(s)" enter the applicable section number of the New Mexico statute, municipal code or ordinance, with its date of adoption.
Sign as complainant
Sign on the Complainant line and enter your title, if any, below it. Your signature is made under the oath printed above it.
Complete the Approved block
Have the approving person sign on the "Approved:" line and enter his or her title.
Handle the probable cause section
If a probable cause determination is required, the judge checks Probable Cause Found or Probable Cause Not Found, and Defendant Released from Custody, then enters judge, date and time. Criminal Form 9-207A NMRA may be used in lieu of this section.
Review and download the completed PDF
Check the court, defendant, date, facts and statute, then download or print the completed PDF from FillingPDF and give it to the court named in the caption.
How to submit 9-201
The form names no filing channel, address or portal. Its caption names the court in which the case is brought, so the completed complaint goes to that court, which is one of the district, magistrate, metropolitan or municipal courts covered by the rules in the form's heading (5-201, 6-201, 7-201 and 8-201 NMRA).
- Court named in the caption: write the court's name on the "COURT" line, and add the county or city on the bracketed lines when they apply.
- Court rules: the rule that matches that court, listed above, governs the complaint.
- Other forms: the New Mexico Judicial Branch lists Criminal forms and files, including notices, subpoenas, summons and warrants, in its forms library at https://nmcourts.gov/forms-library/.
The complaint must be signed by the complainant, and the Approved block and any probable cause section are completed as described on the form. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Leaving the statute line blank or giving only a section number: the form asks for the applicable section of the New Mexico statute, municipal code or ordinance and the date of adoption.
- Writing a conclusion instead of the essential facts in the lines after "did:"; the form asks you to state the essential facts.
- Entering the legal name of the charge on the CRIME line instead of the common name of the offense or offenses, which is what the line asks for.
- Omitting the county and "State of New Mexico" from the date sentence, or giving no date at all after "on or about the."
- Signing without understanding the oath: the form states that a false statement in a criminal complaint is a criminal offense subject to imprisonment.
- Leaving out the court name or the defendant's name in the caption, or the case number when one is already assigned.
- Filling in the judge's probable cause block, with the judge, date and time, instead of leaving it for the judge to complete.
- Completing both the probable cause section and Criminal Form 9-207A NMRA when the form offers 9-207A in lieu of that section.
Frequently asked questions
What is Form 9-201, Criminal complaint, in New Mexico?
It is the Supreme Court approved New Mexico form for a criminal complaint. The complainant names the defendant, the offense, the date and county, the essential facts and the statute or ordinance, then swears to them under penalty of perjury.
Which courts use Criminal Form 9-201 NMRA?
District, magistrate, metropolitan and municipal courts. The form's heading says it is for use with District Court Rule 5-201 NMRA, Magistrate Court Rule 6-201 NMRA, Metropolitan Court Rule 7-201 NMRA and Municipal Court Rule 8-201 NMRA.
Who signs a criminal complaint on Form 9-201?
The complainant signs, and may add a title if he or she has one. A separate "Approved" block is signed by another person with a title. The form says nothing about anyone signing in place of the complainant.
What happens if I make a false statement in a criminal complaint?
The oath on the form says that making a false statement in a criminal complaint is a criminal offense subject to the penalty of imprisonment. You swear or affirm that the facts are true to the best of your information and belief.
What is Criminal Form 9-207A NMRA?
Form 9-207A is named on Form 9-201 as an optional substitute. The form says it is available in lieu of completing the probable cause determination section of Form 9-201.
What do I put on the CRIME line?
Enter the common name of the offense or offenses. The form prints that instruction under the line. The statute, municipal code or ordinance section goes further down, after "contrary to Sections(s)."
Can I fill out Form 9-201 online and where do I file it?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent, is not the court and does not file it; you give the completed form to the court named in its caption.
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