State of New Mexico          

First Judicial District Court

Santa Fe, Rio Arriba & Los Alamos Counties

LOCAL RULES
OF THE FIRST JUDICIAL DISTRICT

 

THIS PAGE DOES NOT INCLUDE FORMS A-J2.

I.  AUTHORITY, TITLE AND SCOPE
    LR1-101.  AUTHORITY
    LR1-102.  TITLE
    LR1-103.  SCOPE

II.  GENERAL POWERS AND DUTIES OF THE COURT
    LR1-201.  TERMS OF COURT
    LR1-202.  FAILURE TO COMPLY
    LR1-203.  ASSIGNMENT OF CASES; DIVISIONS; CONSOLIDATION
    LR1-204.  MODE OF ATTIRE
    LR1-205. FORUM SHOPPING
    LR1-206. INTERPRETERS
    LR1-207. CONTROL OF COURT FILES
    LR1-208. SEALING OF COURT FILES
    LR1-209.  CASE DECISION DEADLINES
    LR1-210. APPEARANCE AND WITHDRAWALS; CHANGE OF ADDRESS OR TELEPHONE
    LR1-211. RETURN CHECK CHARGE
    LR1-212. REFUNDS

III.  PLEADING AND PRACTICE
    LR1-301.  FORM OF PLEADINGS, MOTIONS, OR OTHER PAPERS
    LR1-302. DEPOSITIONS
    LR1-303. INTERROGATORIES, REQUESTS FOR PRODUCTION, AND REQUESTS FOR ADMISSION
    LR1-304.  SUBMISSION OF ORDERS, DECREES AND JUDGMENTS
    LR1-305.  FILING OF ORDERS AND OTHER INSTRUMENTS
    LR1-306.  MOTION PRACTICE
    LR1-307.  COSTS BILL
    LR1-308.  FINDINGS AND CONCLUSIONS
    LR1-309.  JUDGMENTS BASED ON WRITTEN INSTRUMENTS
    LR1-310.  EXHIBITS
    LR1-311.  JUDGMENTS ON MANDATE

IV.  CASE CONTROL
    LR1-401.  SETTINGS
    LR1-402.  NOTICE OF SETTINGS
    LR1-403.  STATUS OF DOCKET
    LR1-404.  PRE-TRIAL ORDERS AND CONFERENCES
    LR1-405.  SETTLEMENT CONFERENCES

V.  JURY MATTERS
    LR1-501.  JURY FEES
    LR1-502.  JURY INSTRUCTIONS

VI.  CRIMINAL CASES
    LR1-600.  TRANSPORT OF PERSONS IN CUSTODY
    LR1-601.  INDICTMENT AND SUMMONS
    LR1-602.  GRAND JURY
    LR1-603.  APPEARANCE AND WITHDRAWALS
    LR1-604.  WAIVER OF ARRAIGNMENTS
    LR1-605.  SEARCH WARRANTS
    LR1-606.  NEGOTIATED PLEAS [WITHDRAWN]

VII.  DOMESTIC RELATIONS
    LR1-700.  SCOPE OF RULES IN THIS SECTION
    LR1-701.  DOCKETING SHEET
    LR1-702.  MANDATORY MEDIATION;  ADVISORY CONSULTATION
    LR1-703.  INTERIM RELIEF AND TEMPORARY DOMESTIC ORDER
    LR1-704.  SUMMARY HEARING
    LR1-705.  AFFIDAVIT REGARDING ASSETS, DEBTS, INCOME AND EXPENSES
    LR1-706.  MODIFICATION OF 1-016 SCHEDULING DATES
    LR1-707.  PRETRIAL CONFERENCE AND ORDER
    LR1-708.  PARTIAL DECREE
    LR1-709.  CONTEMPT
    LR1-710.  TOLLING OF PROCEDURAL DEADLINES
    LR1-711.  AUTOMATIC WITHDRAWAL
    LR1-712.  FINAL DECREE

 

 

I. AUTHORITY, TITLE AND SCOPE

LR1-101. AUTHORITY

The following rules are hereby adopted and promulgated by the Judges of the

First Judicial District of the State of New Mexico, comprised of the Counties

of Los Alamos, Rio Arriba and Santa Fe, pursuant to the authority vested in the

court by Rule 1-083, Rules of Civil Procedure for the District Courts.

 

LR1-102. TITLE

The following local rules of procedure for the First Judicial District Court

shall be known as the "Local Rules of the First Judicial District Court."

 

LR1-103. SCOPE

These local rules apply to all cases brought in the First Judicial District

Court.

  

LR1-104. APPLICABILITY [WITHDRAWN]

[Withdrawn effective January 1, 1998.]

 

II. GENERAL POWERS AND DUTIES OF THE COURT

LR1-201. TERMS OF COURT

There are hereby established the following terms of court for each year and

each county within the First Judicial District:

Santa Fe County:

First Term: January 1 through June 30

Second Term: July 1 through December 31

Rio Arriba County and Los Alamos County:

First Term: January 1 through June 30

Second Term: July 1 through December 31

 

LR1-202. FAILURE TO COMPLY

The failure to comply with the requirements of these rules may subject

counsel to sanctions.

 

LR1-203. ASSIGNMENT OF CASES; DIVISIONS; CONSOLIDATION

A. Subject to Rules 1-088 and 1-088.1 of the Rules of Civil Procedure for the

District Courts, the chief judge of the district, in consultation with the

other judges, shall determine the assignment and re-assignment of cases.

B. Cases assigned to one judge shall not be heard by another judge except by

consent of the judge to whom the case is assigned, except in those

circumstances described in Paragraph C below.

C. Any judge of the district, or any judge from another district who is

present in the county by designation, may hear any default matter, emergency

matter, guilty plea or ex parte matter which may arise whenever the assigned

judge is not available.

D. The first judicial district is divided into three divisions: civil court,

criminal court and family court.

E. Motions to consolidate and cases consolidated for trial shall be heard by

the judge assigned to the case bearing the lowest case number (the oldest

case). All pleadings will be filed in the case with the lowest case number.

[Amended effective January 1, 1998.]

 

LR1-204. MODE OF ATTIRE

All attorneys and all officers of the court must be dressed in a dignified

manner at all times in court. No attire or dress so flamboyant, disheveled or

revealing as to create a distraction to the orderly conduct of court

proceedings will be permitted.

 

LR1-205. FORUM SHOPPING

A. If a matter or proposition has previously been submitted to another judge,

an attorney shall disclose that fact to the judge to whom it is being

submitted.

B. A failure to inform the second or subsequent judge of the prior submission

or submissions may be deemed contempt of court and punished accordingly.

 

LR1-206. INTERPRETERS

A. It shall be the duty of the attorney to promptly inquire into and

ascertain the need for an interpreter and to advise the clerk of the court by

court order of the need for an interpreter not less than two (2) business days

before the hearing.

B. If the failure to comply with this local rule results in postponement of a

hearing, the associated costs may be imposed upon the responsible party or

attorney.

[Amended effective January 1, 1998.]

 

LR1-207. CONTROL OF COURT FILES

A. Court files shall not be removed from the office of the clerk of the court

except by court personnel.

B. Court files are not to be removed from the judicial complex except with

the written approval of a judge.

 

LR1-208. SEALING OF COURT FILES

A. It is the policy of the court to allow free public access to official

court files of each case docketed and filed in the First Judicial District.

B. No court file, except those matters required by law to remain

confidential, shall be ordered sealed from public inspection, except in

extraordinary cases to be determined by the court:

(1) Upon a written and verified application for the sealing of such file;

(2) A showing of good cause; and

(3) A showing that significant and irreparable harm will result unless the

file is sealed.

C. Every file sealed in accordance with this rule shall be unsealed after one

hundred and eighty (180) days unless the order sealing the file is extended

upon a showing of good cause.

 

LR1-209. CASE DECISION DEADLINES

A. All cases shall be decided within sixty (60) days after submission.

B. If a decision is not made within the sixty (60) day period it shall be

brought to the attention of the judge.

 

LR1-210. APPEARANCE AND WITHDRAWALS; CHANGE OF ADDRESS OR TELEPHONE

NUMBER; PRO SE APPEARANCE AND FILINGS; CORPORATIONS AS PARTIES

A. Whenever counsel undertakes to participate in a case on behalf of a party,

counsel shall file a written entry of appearance with the clerk of the court.

The filing of any signed pleading in a case will be considered as compliance

with this rule.

B. Parties who represent themselves shall enter an appearance, shall sign

their pleadings, motions or other papers and include their name, address and

telephone number. Parties pro se shall inform the court of any change of

mailing address or telephone number by filing a notice with the clerk of the

court and serving it upon all parties and the court.

C. Corporations must be represented by a licensed attorney at all court

hearings, including any settlement conferences ordered by the court. The court

may strike any papers filed by an unrepresented corporation.

D. Withdrawal of counsel shall be in accordance with Rule 1-089 of the Rules

of Civil Procedure for the District Courts. The application of counsel to

withdraw shall state the last known mailing address and telephone number of the

client.

E. Counsel shall inform the court of any change of mailing address or

telephone number by filing a notice with the clerk of the court and serving it

upon all parties and to the court.

[Amended effective January 1, 1998.]

 

LR1-211. RETURN CHECK CHARGE

A twenty-five dollar ($25.00) assessment shall be charged to any person

submitting a check that is returned by a bank.

[Amended effective January 1, 1998.]

 

LR1-212. REFUNDS

Unless otherwise provided by law, money once deposited with the clerk of the

court shall not be refunded.

[Adopted effective January 1, 1998.]

 

III. PLEADING AND PRACTICE

 

LR1-301. FORM OF PLEADINGS, MOTIONS, OR OTHER PAPERS

A. All pleadings, motions, or other papers, shall be: clearly legible;

typewritten or printed on good quality white paper eight and one-half by

eleven (8 1/2 x 11) inches in size; with a left margin of one and one-half (1

1/2 ) inches, a right margin of one-half ( 1/2 ) inch, and top and bottom

margins of one and one-half (1 1/2 ) inches; and stapled at the upper left

hand corner together as one pleading. The contents, except for quotations and

footnotes, shall be double spaced. Footnotes and quotations shall be sparingly

used, if used at all.

B. All pleadings, motions or other papers filed shall bear a caption and

descriptive title so as to alert the court to the nature and purpose of the

document.

C. Other than the original complaint, all pleadings, motions or other papers

must bear a certificate of service which shall state the name and address of

each attorney or party upon whom the pleading was served.

[Amended effective January 1, 1998.]

See Rule 1-100 for form of pleadings, motions or other papers. See

Paragraph F of Rule 1-005 for proof of service.

 

LR1-302. DEPOSITIONS

A. Depositions Not to Be Filed. Depositions shall not be routinely filed

with the court. In lieu of filing the original deposition with the clerk of

the court, a certificate shall be filed with the clerk of the court identifying

the witness, date of the deposition, and the name and address of the attorney

or party retaining the original deposition.

B. Reasonable Notice. Notice of deposition shall be served not less than

five (5) days prior to the date scheduled for the deposition. Upon application

and for good cause shown, the time may be shortened. Whenever possible, before

setting notice, counsel must confer and attempt to agree upon a date and time

for the deposition. If counsel did not confer, this must be stated in the

deposition notice with the reason for not conferring.

 

LR1-303. INTERROGATORIES, REQUESTS FOR PRODUCTION, AND REQUESTS FOR

ADMISSION

A. Filing Not Required; Certificate of Service. Interrogatories, answers to

interrogatories, requests for production, responses to requests for production,

requests for admissions and responses to requests for admissions shall be

served upon the other counsel but shall not be routinely filed with the court.

However, a certificate of service shall be filed with the court indicating the

date of service.

B. Interrogatories. Parties propounding interrogatories shall serve original

upon each party who is required to answer them, and one copy upon all other

parties. Interrogatories shall be numbered consecutively. Adequate spacing

shall be left under each interrogatory for the answer. The party answering the

interrogatory shall serve the original upon the party propounding the

interrogatories and one copy upon all other parties.

C. Prefatory Instructions or Definitions. Interrogatories, requests for

production and requests for admission shall not contain prefatory instructions

or definitions except to say that they are served in accordance with the Rules

of Civil Procedure for the District Courts.

D. Objections. In objecting to an interrogatory, request for production, or

request for admission, the objector shall first set out the complete

interrogatory or request followed by the reason for the objection. All

objections must cite supporting authority. When a party withholds information

by claiming that it is privileged or subject to protection as trial preparation

material, the party shall make the claim expressly and shall describe the

nature of the documents, communications or things not produced or disclosed in

a manner that, without revealing information itself privileged or protected,

will enable other parties to assess the applicability of the privilege or

protection. The party upon whom objections are served shall proceed under

Paragraph D within twenty (20) days of receipt of an objection, or will be

deemed to have accepted the objection as valid. The twenty (20) day period may

be enlarged or shortened by order of the court.

E. Motions to Compel; Motions for Protective Order. A motion to compel or

for a protective order will not be entertained unless counsel for the moving

party has conferred in good faith with opposing counsel concerning the matter

in dispute or has made a reasonable effort to confer before the filing of the

motion.

F. Fifty Interrogatories. No party shall serve more than fifty (50)

interrogatories in the aggregate, including subparts, without leave of court.

Subparts of an interrogatory shall relate directly to the subject matter of the

interrogatory.

[Amended effective January 1, 1998.]

 

LR1-304. SUBMISSION OF ORDERS, DECREES AND JUDGMENTS

A. Unless otherwise ordered by the court all orders, judgments and decrees

shall be submitted to the judge by the prevailing party not later than ten (10)

days following the date of announcement by the judge of the decision, if

announced in open court, or twelve (12) days following the date of the letter

announcing the decision.

B. Orders, judgments and decrees will not be signed by the judge unless:

(1) the order, judgment or decree bears the signatures or initials or

telephonic approval of the attorneys for all parties to the cause;

(2) in matters where a party appears pro se, the attorney who has prepared

the order, judgment or decree certifies that a copy has been sent to the pro se

party with a notice that objections must be received by the court in writing

within ten (10) days and that no objections were received; or

(3) written notice is provided to all affected parties or their counsel that

the proposed order, judgment or decree will be presented to the court at a time

and date set by the court, upon request provided that a copy of the proposed

order, judgment or decree accompanies the notice and that notice is served not

less than five (5) days before the date set for presentment.

C. Where there is objection to an order, judgment or decree, the objecting

party shall file the objections and deliver a courtesy copy to the judge, no

less than one (1) day before the time set for submission of the proposed order,

judgment or decree under subparagraph B(3) of this rule.

[Amended effective January 1, 1998.]

 

LR1-305. FILING OF ORDERS AND OTHER INSTRUMENTS

Every order, judgment or other instrument which has been signed by the judge

shall be delivered immediately to the clerk of the court for filing. No signed

order, judgment or other instrument shall be taken from the building until

after it has been docketed, filed and recorded.

 

LR1-306. MOTION PRACTICE

A. Concurrence; When Required. No motion shall be filed without a statement

that moving counsel has conferred or attempted to confer in good faith with

opposing counsel with respect to the relief sought in the motion in order to

resolve any differences or to secure concurrence in the motion. The motion

shall state, with particularity, the efforts made to comply with this rule.

The concurrence requirement shall not apply to those motions, such as motions

for dismissal or for summary judgment, which by their very nature can be deemed

opposed pursuant to Paragraph C of Rule 1-007.1 of the Rules of Civil Procedure

for the District Courts.

B. Service of Motion, Response and Reply. Every motion shall include a

certificate of counsel setting forth the name and address of the person served

and the date and manner of service. Two copies of the response shall be

served. No courtesy copy of a motion, response or reply shall be provided to

the judge.

C. Citation of Authority. Every motion, response or reply shall cite

authority for the positions advanced, or alternatively, shall be accompanied by

a separate brief or memorandum filed and served contemporaneous with the

motion, response or reply. A brief or memorandum shall not exceed ten (10)

pages of argument, without an order of the court.

D. Failure to Respond. The failure to file a response to a motion within the

time limits set forth in Rule 1-007.1 of the Rules of Civil Procedure for the

District Courts shall be deemed as consent to the granting of the motion. In

such event, the moving party may submit a proposed order to the court. A copy

of the proposed order shall be served on opposing counsel or a party pro se.

Failure to object in writing within five (5) days of service of the order shall

be deemed consent to the order.

E. Separate Cross-Motions Required. The practice of filing cross-motions to

operate as both a motion and as a response to the original motion is

prohibited.

F. Exhibits to Motion, Response or Reply. Only relevant excerpts from

depositions or other papers shall be attached as exhibits. Pertinent portions

shall be highlighted, underlined or otherwise emphasized for the court's

attention and on all copies. Documents already in the court file shall not be

attached as exhibits, but shall be referred to by name and date of filing and

may be furnished to the court.

G. "Package" Procedure. At the expiration of all responsive times, under

Rule 1-007.1 of the Rules of Civil Procedure for the District Courts, the

movant shall submit to the court a copy of the motion, response, any reply and

a request for hearing (in accordance with Paragraph I of this rule) in a

"package". The submission of the "package" alerts the court that the motion is

ripe for decision.

H. Hearing. After the filing of the motion, response and reply or the

expiration of the applicable time limit in the absence of filing, the movant

shall request a hearing or by filing a request for hearing (LR1-Form A) with

the clerk and providing a courtesy copy to the judge. The court may grant or

deny a request for hearing and if the request is denied, the court shall make a

decision based on the papers filed.

I. Expedited Matters. If the motion requests a decision before the

expiration of the time limits set forth in Rule 1-007.1 of the Rules of Civil

Procedure for the District Courts, the movant shall:

(1) so indicate in the title of the motion;

(2) state in the motion the reason for requesting an expedited decision;

(3) provide a courtesy copy of the motion to the judge; and

(4) file with the motion a request for expedited hearing.

J. Copies of Cases. Copies of cases relied upon in the memorandum in support

of the motion shall not be filed with the clerk of the court, however, courtesy

copies may be furnished to the judge hearing the motion. Copies shall also be

served on all parties.

[Amended effective January 1, 1998.]

 

LR1-307. COSTS BILL

Within twenty (20) days after filing of final judgment, the party recovering

costs shall file with the clerk of the court an itemized and verified cost

bill, with proof of service of a copy on opposing counsel. Any party failing

to file a cost bill within the said twenty (20) days shall be deemed to have

waived costs. If no objections are filed within ten (10) days after service of

the cost bill, the clerk of the court shall tax the claimed costs which are

allowable by law. The judge shall settle any objections filed.

 

LR1-308. FINDINGS AND CONCLUSIONS

Unless otherwise ordered by the court, requested findings of fact and

conclusions of law shall be filed five (5) days prior to the trial. Any

additional requested findings of fact and conclusions of law shall be submitted

within ten (10) days after the trial or hearing. The original of all requested

findings of fact and conclusions of law shall be filed with the clerk of the

court and a copy thereof shall be delivered to the judge.

[Amended effective January 1, 1998.]

 

LR1-309. JUDGMENTS BASED ON WRITTEN INSTRUMENTS

A final judgment, based upon a written instrument, shall be accompanied by

said instrument, which shall be filed as an exhibit in the case at the time the

judgment is entered and shall be appropriately marked as having been merged

into the judgment and returned to the party filing the same as in the case of

other exhibits.

 

LR1-310. EXHIBITS

Exhibits admitted in a hearing or at trial may be returned to the party

submitting them. Each exhibit shall contain an identification sticker which

shall contain:

A. Party tendering the exhibit,

B. Exhibit number or letter,

C. Case number,

D. Date of hearing.

[Amended effective January 1, 1998.]

 

LR1-311. JUDGMENTS ON MANDATE

Within thirty (30) days after an appellate court has sent its mandate to this

district court, the prevailing party on appeal shall either (1) present to the

court a proposed judgment on the mandate containing the specific directions of

the appellate court, or (2) request a hearing (LR1-Form A).

[Adopted effective January 1, 1998.]

 

IV. CASE CONTROL

 

LR1-401. SETTINGS

The judge of each division shall determine his or her general itinerary and

schedule and shall inform the clerk of the court.

A. The judge of each division shall make trial and other settings for the

division and furnish counsel and the clerk of the court with a calendar of

settings as far in advance as possible. As a general rule, notice of settings

shall be given counsel at least four (4) weeks prior to the trial or hearing

date but shorter notice may be given upon the consent and agreement of counsel

or where, in the discretion of the judge, less notice is required.

B. If a hearing is scheduled as a "back-up" to another matter, or on a

trailing docket, the court shall so advise counsel. Counsel shall be

responsible for advising the court of any scheduling difficulties, such as

arrangements with witnesses, which may make the matter difficult or

inappropriate for hearing on a "back-up" or trailing docket basis.

C. All settings made by or with the approval of the court shall be binding

upon all parties and attorneys properly notified. No trial setting shall be

vacated except upon written motion and upon the signature of the party

approving the continuance, unless this requirement is waived by the court.

D. Failure to give timely notice to the court of an inability to meet a trial

setting, where such failure is willful or the result of negligence, may subject

the offending party or attorney to appropriate sanctions, including, but not

limited to:

(1) dismissal of the case;

(2) payment of jury and other costs;

(3) payment of attorneys fees; or

(4) sanctions as available under the inherent powers of the court.

 

[Amended effective January 1, 1998.]

 

LR1-402. NOTICE OF SETTINGS

A. Contested matters, preliminary and final, shall not be called up for

hearing except upon prior approval by the court. Notice of any hearing, unless

given by the court, shall state it is given at the court's direction.

B. It shall be the obligation of counsel to make the necessary arrangements

and give the necessary notices to have the represented party present in court

for all hearings and trials, whether or not the party is in custody. Unless

good cause is shown for the absence of any party at any trial or hearing, it

may be presumed by the court that such party has waived the right to be

present.

 

LR1-403. STATUS OF DOCKET

The court may require of attorneys, in a particular case, a status report

setting forth information about the case in order that the court may arrange

its docket to expedite the disposition of cases.

 

LR1-404. PRE-TRIAL ORDERS AND CONFERENCES

Pretrial orders shall be utilized in all civil cases to facilitate the

setting of cases for trial. (LR1-Form C). The court may conduct a pretrial

conference either on its own initiative or at the request of any counsel of

record. At the pretrial conference, the items listed on the form may be

covered. The court may also dispense with both requirements in appropriate

cases.

A. The following procedure will be followed in making use of the pretrial

order:

(1) The party initiating the form shall complete the applicable portions and

forward the form to the opposing party;

(2) The second party shall complete the applicable portions of the form and

return it to the first party within twenty (20) days. If there are more than

two parties in the case, counsel shall forward the report along in the order

the parties entered the case;

(3) The parties shall hold a discovery conference and list all remaining

discovery in the appropriate sections of the form along with each party's

estimate of a completion date for its discovery;

(4) The completed report shall be forwarded to the court which will supply

discovery, motion and witness disclosure deadlines and sign the report,

adopting it as the pretrial order;

(5) The case shall be set for trial upon the merits, either upon:

(a) receipt by the court of a certificate of readiness signed by all

counsel of record to the effect that all discovery is complete and there are

no pending pretrial motions;

(b) filing a request for trial; or

(c) in accordance with the pretrial scheduling order.

B. The pleadings will be considered merged into the final pretrial order.

[Amended effective January 1, 1998.]

 

LR1-405. SETTLEMENT CONFERENCES

A. Settlement conferences may be utilized in civil cases to facilitate

settlement of cases. Civil cases in which a settlement conference is requested

shall be referred by the court to an attorney trained as a settlement referee.

The procedure shall be:

(1) Either party may submit a request for referral to settlement conference

using the form attached to these rules as LR1-Form J2.

(2) The request shall be submitted at any time after the filing of a summons

and complaint, but in no event later than ninety (90) days prior to the docket

call or pretrial conference, whichever is earlier, or as otherwise directed by

the judge to whom the case is assigned.

B. Upon receipt of the request, the court shall assign the case to a

settlement referee by entry of an order in the form attached as LR1-Form J2 to

these rules. A settlement referee shall be disqualified only for reasons

contained in Rule 21-400 of the Code of Judicial Conduct, and only upon

order of the judge making the assignment.

C. A district court judge may sit as a settlement referee only upon request

of the judge to whom the case is assigned.

D. A request for settlement conference may be withdrawn only with permission

of the court, after the filing of a motion for good cause.

E. The attorney who will try the case, and each party or representative of a

party having actual authority to compromise or settle the claims, shall attend

the settlement conference in person.

[Amended effective January 1, 1998.]

 

V. JURY MATTERS

 

LR1-501. JURY FEES

Jury fees are not refundable.

 

LR1-502. JURY INSTRUCTIONS

Requested jury instructions will be prepared by counsel for each of the

parties and submitted to the court at least five (5) days prior to trial in

accordance with the following guidelines:

A. Each instruction shall be typed on a separate page of unlined, unmargined

paper, "8 1/2 by 11" in dimension.

B. Instructions shall be submitted firmly clipped or stapled together with a

cover sheet bearing the caption, the title of the pleading (i.e. "Plaintiff's

Requested Instructions"), and a signature line. An original is to be filed and

copies are to be provided to each party and to the court.

C. Each instruction shall bear the heading "(Party's) Requested Instruction

No. _____." and counsel is to insert consecutive numbers.

D. At the bottom of each instruction counsel shall list the UJI number or

other citations supporting the instruction as a correct statement of the

applicable law and the following information:

Given _____

Denied _____

Modified _____

Withdrawn _____

E. For each instruction submitted the party is to provide the court with a

"clean" copy that bears the text of the instruction and the heading

"Instruction No. _____," with no numbers inserted. This set is given to the

court and is not filed.

F. The attorneys for the parties shall confer in good faith prior to the

settling of instructions by the court and shall file a single set of those

instructions upon which all parties agree. Requested instructions that are

objected to shall be filed with the clerk of the court by the party requesting

the instruction. The court shall file all instructions read to the jury.

[Amended effective January 1, 1998.]

 

VI. CRIMINAL CASES

 

LR1-600. TRANSPORT OF PERSONS IN CUSTODY

A. The application for a transport order shall be made no later than five (5)

working days before the proceeding for which transport is sought unless a

shorter time is allowed by the court.

B. The application and proposed transport order shall address the following

matters:

(1) the name of the person to be transported and, if known, that person's

date of birth and social security number;

(2) the agency designated to transport the person in custody to and from the

proceeding, usually the Sheriff of the appropriate county;

(3) the place where the person is in custody;

(4) the nature of the district court proceeding for which transport is

sought;

(5) the place, date and time of the district court proceeding and, if known,

the length of the proceeding;

(6) the requirement, if any, for civilian clothing; and

(7) a certified copy of the transport order shall be served upon the

transporting agency and upon the custodian of the person sought to be

transported no later than three (3) working days before the proceeding unless a

shorter time is allowed by the court. Where circumstances require, a district

court judge may modify the time requirements of this local rule or may require

transport upon verbal order, provided that a written transport order is served

upon the transporting agency and the custodian as soon as practicable

thereafter. In addition, if the transporting agency determines that a written

transport order is not required then it may waive the requirements of this

rule.

 

LR1-601. INDICTMENT AND SUMMONS

Upon the filing of an indictment, criminal complaint or criminal information,

a summons shall be issued unless, upon the request of the district attorney or

attorney general, the court determines a warrant is appropriate.

 

 LR1-602. GRAND JURY

A. Grand jury proceedings, including but not limited to subpoenas for

witnesses, docket records or subpoenas issued or returned or filed, are

confidential. A separate docket of grand jury subpoenas shall be maintained by

the clerk of the court to insure their confidentiality.

B. Upon the filing of a written request by a party, the clerk of the court

shall provide the requesting party with a copy of the grand jury proceedings.

No grand jury records or proceedings shall be transcribed, made public or

released by the clerk to any person, except upon written order of the court

where law or the interests of justice so require. The following, however,

constitute information which may be made available to the public:

(1) final reports and reports of grand juries, after they have been accepted

and received by the court and filed; and

(2) the drawing and selection of grand juries and indictments, after the

defendant has been served with an arrest warrant incident to such indictment,

except that the fact of true bill may be disclosed, prior to the service of a

summons or arrest warrant, where a target letter has been issued, the target is

represented by counsel and there is no risk of flight.

C. No narrative report shall be received by the court from any grand jury

except upon those matters set out by statute and relating to the conditions of

jails, penal institutions and persons incarcerated therein within the county

where the grand jury is sitting. It is not the function of the grand jury--an

arm of the judiciary--to criticize or regulate other branches or agencies of

government or private persons or institutions. The judicial power is loaned to

the grand jury so that it may determine probable cause in criminal cases and

return indictments where it finds probable cause but for no other purpose not

required by statute.

D. The shorthand notes or audio tapes of the court reporter attending any

grand jury shall be deposited with the clerk of the court no later than

fifteen (15) days after attendance. Such notes or tapes shall be in the

custody of the clerk and subject to rules relating to records in the custody of

the clerk.

 

LR1-603. APPEARANCE AND WITHDRAWALS

A. At arraignment or within seven (7) days thereafter, the district attorney

or assistant district attorney who shall actually try the case shall enter a

written appearance as trial attorney in each criminal case coming before the

court. A signed criminal information or indictment shall constitute an entry

of appearance for the purposes of this local rule. Additional counsel may

enter an appearance at any stage of the proceedings.

It shall be the responsibility of the district attorney to see that strict

compliance with this local rule shall be made.

B. At arraignment or within seven (7) days thereafter, the public defender or

assistant public defender or the attorney under contract with the public

defender's office to actually try the case shall be designated and shall enter

a written appearance as trial attorney in each criminal case coming before the

court when the defendant is indigent. Additional counsel may enter an

appearance at any stage of the proceedings.

(1) In cases where the representation of an indigent defendant would result

in a conflict of interest in the public defender's office and no contract

attorney to represent such defendant is available to the public defender's

office, such fact shall be made known to the trial judge at arraignment or

within seven (7) days thereafter.

(2) In the event a conflict develops after the expiration of seven (7) days

after arraignment, such fact shall be made known to the trial judge within

seven (7) days after the conflict is apparent to the public defender's office,

but in no event shall such information be given to the trial judge any later

than thirty (30) days before trial or at any date more than thirty (30) days

before trial where such delay would result in a delay in final disposition of

the case.

It shall be the duty of the public defender, in all indigent cases, to see

that strict compliance with this local rule shall be made.

C. Counsel retained by a defendant shall enter a written appearance as trial

counsel within seven (7) days after retention. The retaining of counsel in a

case or substitution of a retained attorney for another attorney for defendant

shall be accomplished sufficiently in advance of any proceeding scheduled or to

be scheduled in the case so as to prevent undue delay.

D. The trial attorneys of record shall have the responsibility for full

compliance with all pre-trial obligations and for trial of the case unless it

shall be disposed of without trial.

E. Extensions of time for compliance with Paragraphs A and B of this rule or

waiver of the requirement thereof shall be granted of record only for good

cause shown and only upon application in writing personally called to the

attention of the trial judge within the seven (7) day period provided.

F. The trial attorney shall not be permitted to withdraw from the case,

except upon entry of appearance in writing of another trial attorney in

replacement, sufficiently in advance of trial or other hearing or obligation to

avoid any continuances and to avoid undue delay. For good cause shown brought

to the attention of the trial judge in ample time to avoid delay, the trial

judge may grant appropriate relief from the obligations imposed by this

paragraph.

[Amended effective January 1, 1998.]

 

LR1-604. WAIVER OF ARRAIGNMENTS

A. Before presentment of any written waiver of arraignment to a district

court judge the waiver of arraignment must carry the signature of the

defendant, his or her attorney and a certificate of service indicating the

district attorney has been served.

B. The original and two (2) copies of the written waiver of arraignment must

be presented to the district court judge along with a self-addressed stamped

envelope for defense counsel. One (1) copy shall be delivered by the court to

the district attorney.

C. Before the waiver of the arraignment is presented or immediately after

presentment of the waiver of arraignment, the defendant must present himself at

the appropriate law enforcement agency for formal booking and processing on the

warrant, if one has been issued.

 

LR1-605. SEARCH WARRANTS

A. All search warrants issued by a district court judge and the accompanying

affidavit when filed in the district court clerk's office shall be sealed from

public view until a return and inventory has been filed in that case. Upon

filing with a return and inventory, said file shall no longer be sealed.

B. Return and inventory shall be filed with the clerk of the court within

five (5) working days of the search.

 

 LR1-606. NEGOTIATED PLEAS [WITHDRAWN]

[Withdrawn effective January 1, 1998.]

 

VII. DOMESTIC RELATIONS RULES

 

LR1-700. SCOPE OF RULES IN THIS SECTION

The rules contained in this section govern the procedures in all actions

involving dissolution of marriage, separation, custody, spousal or child

support, or community property division.

 

LR1-701. DOCKETING SHEET

The attorney or party filing an initial pleading or a post-decree motion

reopening a file in any domestic relations action involving minor children

shall submit a completed domestic relations docketing sheet with the petition

or motion in the form appended to these local rules (LR1-Form E) to the clerk

of the court for use by family court services. The docketing sheet shall be

signed by the attorney or party filing the same.

[Amended effective January 1, 1998.]

 

 

LR1-702. MANDATORY MEDIATION; ADVISORY CONSULTATION

 

A. Domestic Relations Mediation Program Created. There is hereby created a

domestic relations mediation program known as "family court services".

B. General Information Session.

(1) All parties to a domestic relations action which involves custody or

visitation of minor children shall attend a general information session of the

family court services.

(2) The parties shall attend the session designated in the temporary domestic

order or, if there is no temporary domestic order the first scheduled general

information session held after custody or visitation is placed at issue by the

pleadings or as scheduled by the family court.

C. Mediation.

(1) Following the general information session, the parties shall participate

in mediation with the family court services or a mutually agreed upon private

mediator unless a parenting plan has been approved by the court. If no

parenting plan has been approved by the court, the family court services shall

notify the court and provide a form of order (LR1-Form H) to the court.

(2) Mediation is an attempt at settlement and compromise of custody and

visitation issues between the parties. All statements of the parties made

during mediation sessions shall be confidential to the extent permitted by law,

and shall be considered as settlement negotiations. No information received

during the medication sessions may be used for priority consultation or

advisory consultations.

(3) If the mediation is successful, the family court services or private

mediator shall prepare a parenting plan which shall be submitted to the parties

and their respective counsel for approval. When the parenting plan has been

signed it shall be submitted to the court for approval together with a form

order approving and implementing it.

(4) If mediation is unsuccessful, the custody issues may be submitted to the

family court service for an advisory consultation or priority consultation, or

both. A Rule 11-706 expert may be appointed to perform a custody evaluation in

lieu of the advisory consultation.

D. Advisory Consultations.

(1) Advisory consultation is the process of gathering and assessing

information for the purpose of providing recommendations to the parents, and

the court in the event of a hearing, in the form of a report that includes

background information, the issues of each parent, an assessment of the

situation and recommendations. It may include psychological testing and drug

or alcohol assessments of the parents and children as permitted by law.

(2) The report of the advisory consultation shall be given to each party, if

pro se, or to their counsel. The report shall be confidential and shall not be

disclosed to any third party without a release of information from both

parents. Parties shall not disclose the contents of the report to any other

person without the permission of both parties or the court. Nothing in this

provision shall prevent the disclosure of the report to the parties' own

experts or consultants, counselors or therapists.

E. Priority Consultation.

(1) Priority consultation is a non-confidential process in which each parent

is interviewed by a court clinician and recommendations made to the parents and

to the court on interim issues regarding the children including, but not

limited to, custody and visitation. Parties may be referred to priority

consultation by the court, by stipulation, by a hearing officer or upon the

recommendation of a court clinician.

(2) The court clinician shall prepare written recommendations to the court on

the issue of referral, which shall be filed in the court file and sent to the

attorneys for each party, or each party individually if pro se. In the event

that the parties agree with the recommendations, a judge's order adopting the

recommendations shall be prepared and filed immediately. If a party does not

agree, the party shall prepare and file within ten (10) days of the filing of

the priority consultation recommendations the party's objections to the

recommendations along with a certificate of mailing to all parties, the hearing

officer, the family court services and the court. The opposing party shall

then file a response within ten (10) days of the mailing of the objections.

The judge shall set the matter for a hearing within fifteen (15) days of the

filing of the objections. If no objections are received within the ten (10)

day period after the mailing of the recommendations an order adopting the

recommendations shall be filed.

(3) If the court finds that an emergency exists, then the recommendations may

be immediately implemented by order of the court and a hearing held within ten

(10) days.

F. Fees. The parents shall pay all family court services fees before any

services are provided unless prior approval for late payment is obtained in

accordance with the schedule attached hereto.

[Amended effective January 1, 1998.]

 

LR1-703. INTERIM RELIEF AND TEMPORARY DOMESTIC ORDER

In all original domestic relations court cases where a summons has been

issued, except cases filed by the state regarding child support, the following

pendente lite procedures shall apply unless waived by the court:

A. Temporary Domestic Order.

(1) Immediately following the filing of a case, the court shall enter a

temporary domestic order and addendum in the form appended to these local

rules. (LR1-Form F, LR1-Form F1 and LR1-Form F2) The temporary domestic order

shall be prepared by petitioner and shall be served upon respondent along with

the summons and petition. Counsel for petitioner shall provide a copy of the

temporary domestic order to the petitioner at the time the petition is signed;

receipt of the temporary domestic order by petitioner shall be acknowledged in

the verification of the petition.

If there are minor children of the parties affected by the petition, the

temporary domestic order shall include all material contained in brackets in

LR1-Form F. If minor children are not involved, the material contained in

brackets may be deleted.

For cases for dissolution of marriage or relief pursuant to Section 40-4-3

NMSA 1978, the temporary domestic order shall be in form set forth in LR1-Form

F. Otherwise, the form shall be in the form set forth in LR1-Form F1.

(2) The temporary domestic order and addendum shall be binding upon the

petitioner when filed and shall be binding on the respondent from the time the

petition and the temporary domestic order are served upon the respondent, or

respondent's counsel, unless the parties by stipulation filed with the clerk,

agree otherwise.

(3)(a) Upon the filing of a petition for dissolution of marriage or for

relief pursuant to Section 40-4-3 NMSA 1978, a hearing on interim allocation

of income and expenses and child support shall be set before the child support

hearing officer or domestic relations hearing officer and the date included in

the addendum to the temporary domestic order in the form set forth in LR1-Form

F2.

(b) An interim monthly income and expenses statement in the form set forth

in LR1-Form F3 shall be completed by the hearing officer or domestic

relations hearing officer in accordance with the instructions set forth in

LR1-Form F4 and attached to the proposed order LR1-Form F5.

(c) During the pendency of the case, community income and expenses shall be

equally divided between the parties. Separate income and expenses shall also

be divided equally unless the community did not routinely use separate income

or pay separate expenses.

(d) In the event the hearing officer finds application of interim

allocation of income and expenses is inequitable or not in the best interests

of the children, interim child support may be set pursuant to Section 40-

4-11 NMSA 1978.

(e) Objections to the report and recommendations for interim allocation of

income and expenses or interim child support shall be filed within ten (10)

days of the filing of the report and served on all parties, the court and the

hearing officer. A response may be filed within ten (10) days of the filing

of objections. The judge shall review the pleadings within fifteen (15) days

of the filing of the objections and shall determine if the court is able to

rule on the pleadings pursuant to Rule LR1-704(D). In the event the court

cannot rule on the pleadings a hearing will be set.

(f) Any party may file a motion to modify or supplement the interim order

allocating income and expenses. The order shall continue in effect while

such motion is pending.

(g) For good cause shown, the parties may enter a stipulation waiving

interim order allocating income and expenses.

B. Ex Parte Application for Temporary Restraining Order.

(1) Any party seeking an ex parte order must personally appear before the

court at the time of the application for a temporary restraining order. The

affidavit filed with the application shall contain specific facts, including

dates and incidents, sufficient to show the circumstances required for the

issuance of the order. The provisions of Rule 1-066 of the Rules of Civil

Procedure for the District Courts, shall be strictly applied.

(2) A copy of the order and all supporting document shall be served upon the

other party and the other party's attorney as soon as practicable. A party

against whom such an order is issued may obtain a hearing within two (2) days

of service, if the party disagrees with the terms of the order. The court will

contact counsel for the party who obtained the order and advise of the date and

time of the court appearance. Both parties must appear at that time.

(3) No ex parte order to vacate the marital residence will be issued against

a party, unless:

(a) There are minor children and they or the party seeking the order, are

in immediate physical danger from the other party; or

(b) There are no minor children and there is a reasonable need for

separation (which shall be stated with particularity in the affidavit), and

the party seeking the order is so situated that moving would be a substantial

and material hardship.

(4) No ex parte custody or visitation order will be issued unless a child is

in immediate physical danger, is in danger of being concealed, or is in danger

of being removed by another for the purpose of interfering with the court's

jurisdiction.

[Amended effective January 1, 1998.]

 

LR1-704. SUMMARY HEARING

A. Upon notice to all parties, or pursuant to a calendar as set from time to

time by the court, all interim motions and other matters that can be disposed

of by summary hearing shall first be heard by the court at summary hearings.

B. The following matters should first be heard at a summary hearing.

(1) Motions for interim relief, including support, custody and visitation,

interim attorneys fees, prohibition on disposal of assets, and for payment of

debts;

(2) Discovery motions;

(3) Motions to enforce interim orders of the court;

(4) Motions to enforce compliance with the Rules of Civil Procedure for the

District Courts or these local rules; and

(5) Motions to modify the temporary domestic order.

C. The procedure for summary hearing shall be as follows:

(1) The proponent of the motion shall deliver a copy of the motion and any

supporting memoranda and affidavits to the court and shall request that the

matter be set on the summary hearing docket.

(2) The proponent of the motion shall provide a notice of summary hearing,

with sufficient copies for all counsel or parties of record.

(3) The motion shall be set for summary hearing not less than ten (10) days

from the date the motion is filed.

D. After reviewing the motion, supporting pleadings and the record, and, if

necessary, receiving argument of counsel and additional tender of proof, the

court shall determine if it is able to rule on the matter. If the court is

able to rule on the matter, in whole or in part, the court shall state its

ruling, the factual allegations relied upon for the ruling, and any specific

concerns the court would have if the matters were not decided by summary

hearing. If the court is not able to rule upon the motion, the court shall set

the matter for hearing on the next available motion day and may enter a

temporary order, if the circumstances require. The proponent of the motion

shall be responsible for notice to all counsel or pro se parties of record of

the setting on the motion.

 

LR1-705. AFFIDAVIT REGARDING ASSETS, DEBTS, INCOME AND EXPENSES

A. Statement of Financial Condition. In all cases involving property

division, child support, spousal support or award of attorney's fees and costs,

the parties shall file and serve upon opposing counsel a verified statement as

to their financial condition, in form similar to that appended to these local

rules (LR1-Form G). The statement shall include:

(1) Community Property: A list of the assets with estimated values including

liabilities thereon and a list of debts, including terms of payment.

(2) Separate Property: A list of separate assets and liabilities, as above.

(3) Income: Each party shall report his or her monthly income, including a

statement of all deductions from income, and general expenses, exclusive of

items of expense specifically for the benefit of children and exclusive of

child support.

(4) Expenses: Each party shall provide a detailed list of his or her

expenses with all expenses for the children separately stated.

B. Filing Procedure. The procedure for filing of affidavits shall be as

follows:

(1) Each party shall file and serve a copy of the affidavit no later than one

hundred-twenty (120) days after the filing of the petition.

(2) Failure to timely file or serve the affidavit may, in the discretion of

the court, be the basis for the assessment of costs and attorneys fees against

the delinquent party.

(3) The affidavit shall be in a form similar to the affidavit regarding

assets, debts, income and expenses appended to these local rules (LR1-Form G).

(4) Within fifteen (15) days of receipt of the opposing party's affidavit, a

party may file an amended affidavit.

 

LR1-706. MODIFICATION OF 1-016 SCHEDULING DATES

A. In all domestic relations actions the following modifications shall apply

to the scheduling dates set forth in Rule 1-016 of the Rules of Civil Procedure

for the District Courts.

B. The pretrial scheduling order set forth in Rule 1-016(B) shall be filed

within sixty (60) days after the petition is filed.

C. The trial date shall be not later than nine (9) months after the date the

scheduling order is filed.

D. If a pretrial scheduling order is not entered the court shall set the case

for trial in a timely manner, but no later than nine (9) months after the

filing of the petition.

 

LR1-707. PRETRIAL CONFERENCE AND ORDER

In addition to the matters set forth in Rule 1-016 of the Rules of Civil

Procedure for the District Courts, the pretrial conference and pretrial order

shall address:

A. The names, dates of birth, and the addresses of any minor children for the

past three (3) years;

B. A statement as to whether arbitration, mediation or evaluation has already

been conducted, and the results thereof; and

C. A designation of those areas where expert testimony is required or

expected.

 

LR1-708. PARTIAL DECREE

A. A party may request the entry of a partial decree dissolving the marriage

of the parties and reserving jurisdiction in the court over all other issues.

B. The movant for partial decree shall address in the motion the following

matters:

(1) Status of mediation concerning custody and visitation;

(2) Compliance with all discovery obligations and court orders; and

(3) The potential impact of the partial decree on medical coverage for the

parties and the minor children, child support, spousal support and tax

consequences.

C. In response, the other party may address the impact of a partial decree on

the same matters.

D. A partial decree entered by the court shall comply with Rule 1-054 of the

Rules of Civil Procedure for the District Courts and may incorporate provisions

which the court deems necessary for the protection of the parties and the minor

children.

 

LR1-709. CONTEMPT

No order to show cause for contempt shall issue except upon verified motion

and affidavit specifying with particularity the manner in which the court's

order or orders have been violated.

 

LR1-710. TOLLING OF PROCEDURAL DEADLINES

Notwithstanding the provisions of these rules providing for schedules and

deadlines for filings in domestic relations matters, the parties may extend the

deadlines or toll the running of time, in accordance with the following

procedure:

A. Where the parties are making significant progress towards settlement or

are attempting reconciliation, the deadlines provided for in these rules may be

abated by the filing of a certificate of abatement containing the following:

(1) A statement that the parties are making significant progress towards

settlement or are attempting reconciliation and wish to toll the running of the

time periods provided in these rules;

(2) A statement of the present status of the case, including a list of all

documents which have been filed as required by these rules; and

(3) The signatures of counsel for both parties and of both parties

themselves. Any certificate filed which does not include all required

signatures shall be of no effect.

B. The period of abatement or tolling may be terminated by either party upon

the filing of a withdrawal of consent to abatement signed by counsel or the

party pro se, stating that the parties are no longer making significant

progress towards settlement or that withdrawal of consent shall be served upon

the other party in the same manner as generally provided for service of

pleadings.

C. Immediately upon the filing of the withdrawal of consent to abatement, the

time periods provided for in these rules shall again begin to run, excluding

the time from the filing of the original certificate or abatement until the

filing of the withdrawal of consent; provided, however, that the parties shall

have no less than fifteen (15) days from the filing of the withdrawal of

consent in which to file any pleading or document required by these rules.

D. The purpose of this local rule is to allow the parties to reach a

reasonable settlement or to attempt reconciliation, not to delay the court

proceedings. This local rule shall not affect any limits otherwise provided by

statute or the Rules of Civil Procedure for the District Courts.

 

LR1-711. AUTOMATIC WITHDRAWAL

Service of pleadings on counsel of record shall only be effective during the

pendency of the action and for forty-five (45) days following the entry of the

final decree. Nothing in this rule prevents the earlier withdrawal of counsel

pursuant to the Rules of Civil Procedure for the District Courts.

 

LR1-712. FINAL DECREE

The procedure for the presentation and entry of a final decree shall be as

follows:

A. Conditions. The following conditions shall have been met prior to

the presentation of a form of final decree to the court:

(1) The petition filed in the case shall have been verified pursuant to

Section 40-4-6 NMSA 1978.

(2) The response to the petition shall have been signed by counsel for

respondent, if the respondent is represented, or, signed and verified by the

respondent, if the respondent is appearing pro se.

(3) The stipulation, marital settlement agreement or separation contract

shall be signed and verified before a notary public by both parties as required

by Section 40-2-4 NMSA 1978.

(4) The form of order shall be approved by counsel for both parties or, if

one or both of the parties are appearing pro se, by the acknowledged signature

of each pro se party.

(5) The parties shall have filed completed Rule LR1-705 affidavits, or

affidavits in similar form containing substantially the same information. The

filed stipulation or marital settlement agreement may be used as a substitute

for said affidavits if it contains an adequate description of the property

being divided between the parties.

B. Appearance Before the Court at Presentation of Form of Final Decree.

(1) If both parties are appearing pro se, both parties shall be present in

person for the presentation of the form of final decree to the court. The time

for such appearance shall be scheduled in advance with the office of the judge

who has been assigned to the case.

(2) If all of the requirements of Paragraph A of this rule have been met, and

the form of order has been approved by counsel (both counsel if both parties

are represented), the parties need not be present for presentation of the form

of order to the court.

C. Form of Final Decree.

(1) If the parties are presenting a form of final decree to the court based

upon agreements reached by them which are not included in the stipulation or

marital settlement agreement, the form of order shall set forth each of those

agreements in detail.

(2) The court reserves the right to review any stipulation or marital

settlement agreement, to approve or disapprove the agreement, and to strike,

modify, or add language to the form of final decree presented.