Form 9-405 is the waiver of arraignment used in New Mexico district court criminal cases, issued as a Supreme Court approved form by the New Mexico Judicial Branch for use with District Court Rule 5-303 NMRA. A defendant uses it to give up the right to appear personally for arraignment and to enter a plea of not guilty instead. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the New Mexico courts at nmcourts.gov.
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What is 9-405?
Waiver of Arraignment / Entry of Plea of Not Guilty (Form 9-405) is the New Mexico district court form on which a charged defendant gives up the right to personally appear for arraignment and enters a plea of not guilty to every offense charged.
The form is printed "For use with District Court Rule 5-303 NMRA" and carries the caption of a district court case: county, case number, and the title State of New Mexico v. the defendant. In it the defendant acknowledges receiving the complaint, indictment or information, confirms that defense counsel explained it, and acknowledges the rights listed on the form: trial by jury, an attorney (appointed free of charge if the defendant cannot afford one), confronting and cross-examining witnesses, presenting evidence and compelling witnesses, and remaining silent.
The form also deals with release. The defendant acknowledges that any conditions of release already imposed remain in effect and that the court may add conditions or require a hearing. Defense counsel certifies the explanation to the defendant and service on opposing counsel, and marks how conditions of release are being handled. A second part, Additional Provisions, is completed for the judge and lists release options, bond methods, court dates and conditions. The judge's signature is what makes the waiver effective.
Who needs to file 9-405?
The defendant in a New Mexico district court criminal case signs the waiver when he or she chooses to give up the right to appear personally at arraignment and to enter a not guilty plea in writing instead. The form says the defendant has read the charging document and had it explained by defense counsel.
Other people who act on it:
- Defense counsel signs a certification that the defendant's right to appear and to have rights explained by the judge was explained, that the defendant understands the waiver, that a copy was served on opposing counsel, and which of the three release options applies.
- The district judge signs the Additional Provisions block. The form's use note says the waiver is not effective unless the judge signs it.
- The state receives a copy through service, so it can notify victims and others that no arraignment will be held.
The form is a district court document. It is not a plea of guilty and does not replace any other plea form.
When to file 9-405
Use Form 9-405 when the defendant wants to waive arraignment in the district court case. The form's use note says the waiver must be served on the state in time for the state to notify victims and others that an arraignment will not be held.
The waiver shall not be filed, and is not effective, unless the district court judge signs it. If the court decides to impose new or additional conditions of release before accepting the waiver, the court issues a notice of hearing to all parties to address those conditions. The form sets no calendar deadline of its own.
Documents you need
- A copy of the order imposing conditions of release, attached to the waiver only if conditions were previously imposed and defense counsel checks that certification box.
- A stipulated order setting conditions of release, attached for the court's approval only if the parties have entered into one and defense counsel checks that certification box.
- No attachment is named for the third certification option, in which the parties request a hearing to consider conditions of release.
How to fill out 9-405
Complete the case caption
Enter the county name after COUNTY OF, the case number after No., and the defendant's name on the line above "Defendant" in the State of New Mexico v. caption.
List all offenses charged
In the first paragraph, write every criminal offense charged under New Mexico law on the blank marked "(list all offenses charged)."
Read the acknowledgments
The defendant reads the paragraphs on receiving the complaint, indictment or information and on the rights to a jury trial, an attorney, confrontation, evidence, silence and a unanimous jury. The form needs no entry here.
Date and sign as defendant
On the first signature line, enter the date and the name of the defendant, confirming the waiver of the right to appear and the plea of not guilty to all offenses charged.
Complete the defense counsel certification
Defense counsel enters the date and signs on the line marked Defense counsel, after explaining the right to appear and confirming the defendant understands the waiver. Counsel also certifies service on opposing counsel.
Check the release option
Defense counsel checks one box: a previous order imposing conditions of release is attached, a stipulated order setting conditions is attached for court approval, or the parties request a hearing on conditions of release.
Fill in release terms for the judge
In Additional Provisions, mark and complete what the court orders: a review date, release on personal recognizance, third party custody, continued bond, or a bond sum with the posting method (secured by signature, cash only, corporate surety, 10% cash deposit or property).
Add dates and conditions
Check and complete any attorney contact frequency, pre-trial conference, docket call and trial dates, and conditions such as Waiver of Extradition, not leaving the jurisdiction, no alcohol or non-prescription drugs, no contact, obeying the law, booking at a county detention center, or Other.
Leave the judge's signature block
The district judge dates and signs the last line. The waiver is not effective until the judge signs.
Review, download and assemble
Check names, charges, boxes and attachments, then download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit 9-405
The form names one required step: serve a copy on opposing counsel. It prints no mailing address, portal or appointment rule.
- Service on the state. Defense counsel certifies on the form that a copy was served on opposing counsel, and the use note requires service in time for the state to notify victims and others that no arraignment will be held.
- Judge's signature. The waiver shall not be filed and is not effective unless the district court judge signs it, so the signed package goes to the judge through the court handling the case. Follow that court's instructions for how documents reach the judge.
- Release attachments. Attach the order imposing conditions of release, or the stipulated order setting them, if the matching certification box is checked.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Submitting the waiver as if it were in effect before the district judge signs it; the use note says it is not effective unless signed by the judge.
- Failing to serve the waiver on the state in time for it to notify victims and others that no arraignment will be held.
- Listing only some of the charges; the blank asks you to list all offenses charged.
- Leaving all three release certification boxes unchecked by defense counsel, or checking an option without attaching the order or stipulated order it refers to.
- Checking the bond-is-set box without entering the amount or without marking how the bond is to be posted.
- Having the defendant sign before reading the rights listed on the form and the charging document, which the form says the defendant has read and had explained.
- Not leaving the Additional Provisions for the judge, such as release options, court dates and conditions, when the court has not yet decided them.
- Ignoring the use note that new or additional conditions of release before acceptance lead the court to issue a notice of hearing.
Frequently asked questions
What is a waiver of arraignment in New Mexico?
A waiver of arraignment is a written statement, Form 9-405 in New Mexico district court, in which the defendant gives up the right to personally appear for arraignment and enters a plea of not guilty to all offenses charged. It is used with District Court Rule 5-303 NMRA.
Is the waiver of arraignment effective as soon as I sign it?
No. The form's use note says the waiver shall not be filed and is not effective unless it is signed by the district court judge. The defendant and defense counsel sign first, and the judge signs the Additional Provisions block.
Who has to sign Form 9-405?
Three signatures are printed on the form: the defendant (date and name), defense counsel (date and certification) and the district judge (date). The defendant states that defense counsel explained the charges, and counsel certifies that the defendant understands the waiver.
Does the waiver end the conditions of release already set?
No. The defendant acknowledges that any conditions of release previously imposed remain in effect. The court may also impose additional conditions and, if none were set earlier, may set conditions and require a hearing to address them.
What must be attached to the waiver of arraignment?
It depends on the box defense counsel checks. If conditions of release were imposed earlier, attach that order. If the parties agreed on conditions, attach the stipulated order for court approval. If they request a hearing, the form names no attachment.
When does the state have to receive the waiver?
The use note says the waiver must be served on the state in time for the state to notify victims and others that an arraignment will not be held. Counsel also certifies on the form that a copy was served on opposing counsel.
Can I fill out the waiver of arraignment online?
Yes. You can fill out Form 9-405 online on FillingPDF and download or print the PDF. FillingPDF is independent of the New Mexico courts and does not file or serve the waiver; the signed form follows the court's and the form's own steps.
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