New Mexico Statutes 31-6-3. Challenge to grand jury
Any person held to answer for an offense by grand jury indictment, upon arraignment to the charge therein, by motion to quash the indictment stating with particularity the ground therefor, may challenge the validity of the grand jury. A failure to file such motion is a waiver of the challenge. Grounds that may be presented by such motion are limited to the following:
Terms Used In New Mexico Statutes 31-6-3
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Juror: A person who is on the jury.
A. the grand jury was not selected in accordance with law;
B. a member of the grand jury returning the indictment was ineligible to serve as a juror;
C. a member of the grand jury returning the indictment was a witness or is likely to become a witness; or
D. a member of the grand jury returning the indictment was not qualified to serve due to a conflict of interest, bias, partiality or inability to follow the law.