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New MexicoJury Nullification

In New Mexico a uniform jury instruction says the law of the case is in the judge's instructions and that it is the jury's duty to follow it. Jurors are told to take the instructions as a whole. A court rule says the verdict shall be unanimous and signed by the foreman. The state constitution keeps the right of trial by jury as it existed before and allows juries of six in lower courts.

No
State constitution gives the jury a role in judging the law
Yes
Jurors are told they must follow the law
Yes
Criminal verdicts must be unanimous

Overview

Juries in New Mexico

New Mexico's uniform instruction on the duty to follow instructions is five sentences long. It says the law governing the case is in the judge's instructions, and that it is the jury's duty to follow that law. A court rule says the verdict shall be unanimous and signed by the foreman.

The same instruction tells jurors how to read the instructions as a set, and what they take with them when deliberations start. A second instruction tells them what not to think about at all. What both say is in the New Mexico chapter of the guide.

The New Mexico constitution keeps the right of trial by jury as it has heretofore existed. It allows a jury of six in courts below the district court, and lets the legislature allow civil verdicts that are not unanimous. What else it says is in the chapter.

The New Mexico chapter

What's in the Guide for New Mexico?

In the guide

Jury selection

Where in a New Mexico trial the duty to follow the instructions is read, what goes into the jury room with the jurors, and how a trial can end without a verdict.

In the guide

What the judge tells you

What New Mexico's uniform instruction says about the law in the judge's instructions and about picking out one instruction over another, and what a second instruction says about the results of a verdict.

In the guide

How the verdict works

How a unanimous New Mexico verdict is signed and returned, how a jury is polled, and how the court asks about each degree of an offense when jurors have not agreed.

In the guide

Protections and risks

What New Mexico's jury tampering law says about pressure on a trial juror, and what it says about interfering with how jurors' names are drawn.

In the guide

The law in plain English

The New Mexico laws behind the chapter in everyday words. They include the jury tampering law, the court rule on returning a verdict, on mistrials and on discharging jurors, and the jury section of the state constitution.

In the guide

Official state resources

Links to New Mexico's official sources, each one checked. They cover the statutes, constitution, court rules and uniform jury instructions on the state's official publication site, and the New Mexico Courts' Jury Duty page.

Your summons

Called for Jury Duty in New Mexico?

A New Mexico jury summons asks you to come to court and, if you are picked, to decide a case under the law in the judge's instructions.

The New Mexico Courts have a Jury Duty page. It covers reporting, who can serve, and how to ask to be excused.

That page covers serving. What the uniform instruction asks of you, how a verdict is signed, returned and polled, and what the tampering law says about pressure on a juror are covered in the New Mexico chapter of the guide.

Your New Mexico summons

  • Sent byThe court that drew your name
  • Names come fromLicensed drivers, income tax filers and registered voters
  • It asks you toCome to court and, if you are picked, decide a case under the law in the judge's instructions
  • Jury size12 (District Court), 6 (Magistrate Court)

Get the guide

Get the New Mexico guide

New Mexico tells its jurors in five sentences where the law is and what to do with it. This page gives you the first two. What the other three say, what a second instruction tells you to leave out of your thinking, and how a verdict is checked before it is recorded are in the New Mexico chapter. Get the guide and read it before you serve.

New Mexico

The New Mexico guide

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  • The full New Mexico chapter, all six parts
  • Jury selection, the judge's instructions, the verdict and juror protections
  • New Mexico's laws in plain English, with links to the official sources
  • Free updates when the law changes
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See what's inside the guide

Every New Mexico source was checked against its official site on October 19, 2026.