9-104A

[Courts of Limited Jurisdiction]

[6-110A, 7-110A, 8-109A]

STATE OF NEW MEXICO

[COUNTY OF _______________]

[CITY OF _________________]

IN THE __________________ COURT No. ____________

[STATE OF NEW MEXICO]

[CITY OF ______________________]

v.

_____________________, Defendant

REQUEST FOR AUDIO OR

AUDIO-VISUAL 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 request that the court permit me to appear in court by:

(check applicable alternative)

[ ]telephone or other audio communication

[ ]simultaneous audio-visual communication

for the following proceedings:

(check applicable boxes)

[ ]all proceedings in this case;

[ ]all pretrial proceedings in this case;

[ ]entry of a plea; [and]

[ ]setting or amending bail or conditions of release; [and]

[ ]trial; [and]

[ ]imposition of sentence.

______________________________

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 counselDate

APPROVAL OR DENIAL OF JUDGE

[ ]The request of the defendant to appear by audio or audio-visual communication is denied.

[ ]The request of the defendant to appear by audio or audio-visual means is granted. The defendant shall arrange and pay for the actual costs of all audio or audio-visual appearances. An [audio] [audio-visual] appearance is scheduled for __________ (a.m.) (p.m.) on the _____ day of ______________, ______ (date). [The (state) (county) (city) shall participate at (____) ____________ (telephone number) and the court will participate at (____) _____________ (telephone number)].

___________________________

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.

[Approved, effective November 1, 2000; as amended, effective May 15, 2003.]