§ RULE 1-005.2. ELECTRONIC SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 2 > RULE 1-005.2.

RULE 1-005.2. ELECTRONIC SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

A. Definitions. As used in these rules:

(1) “electronic transmission” means the transfer of data from computer to computer other than by facsimile transmission; and

(2) “document” includes the electronic representation of pleadings and other papers.

B. Service by Electronic Transmission. Any document required to be served by Paragraph A of Rule 1-005 NMRA may be served on a party or attorney by electronic transmission of the document if the party or attorney has agreed to be served with pleadings or papers by electronic mail. Electronic service is accomplished when the transmission of the pleading or paper is completed. If within two (2) days after service by electronic mail, a party served by electronic mail notifies the sender of the electronic mail that the pleading or paper cannot be read, the pleading or paper shall be served by any other method authorized by Rule 1-005 NMRA designated by the party to be served.

C. Service by Electronic Transmission by the Court. The court may serve any document by electronic service to an attorney or party pursuant to Paragraph B of this rule and to any other person who has agreed to receive documents by electronic transmission.

D. Filing by Electronic Transmission. Documents may be filed with the court by electronic transmission in accordance with this rule if:

(1) the Supreme Court has adopted technical specifications for electronic transmission; and

(2) the court in which documents are filed by electronic transmission has complied with the technical specifications for electronic transmission adopted by the Supreme Court.

E. Single Transmission. Whenever a rule requires multiple copies of a document to be filed only a single transmission is necessary.

F. Time of Filing. For purposes of filing by electronic transmission, a “day” begins at 12:01 a.m. and ends at midnight. If electronic transmission of a document is received before midnight on the day preceding the next business day of the court it will be considered filed on the immediately preceding business day of the court. For any questions of timeliness, the time and date registered by the court's computer will be determinative.

G. Demand for Original. A party shall have the right to inspect and copy any document that has been filed or served by electronic transmission if the document has a statement signed under oath or affirmation or penalty of perjury.

H. Conformed Copies. Upon request of a party, the clerk shall stamp additional copies provided by the party of any pleading filed by electronic transmission.