§ RULE 1-011. SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS; SELF-AFFIRMATION IN LIEU OF NOTARIZATION

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 3 > RULE 1-011.

RULE 1-011. SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS; SELF-AFFIRMATION IN LIEU OF NOTARIZATION

A. Signing of Pleadings, Motions, and Other Papers; Sanctions. Every pleading, motion and other paper of a party represented by an attorney, shall be signed by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion or other paper and state the party's address and telephone number. The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion or other paper; that to the best of the signer's knowledge, information and belief there is good ground to support it; and that it is not interposed for delay. If a pleading, motion or other paper is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. For a willful violation of this rule an attorney or party may be subjected to appropriate disciplinary or other action. Similar action may be taken if scandalous or indecent matter is inserted. A “signature” means an original signature, a copy of an original signature, a computer generated signature or any other signature otherwise authorized by law.

B. Self-affirmation in Lieu of Notarization. Any person required or permitted under these rules to provide a written sworn statement, including a declaration, verification, certificate, oath, affirmation, acknowledgment, or affidavit may do so without the need for notarization by a notary public. Such a statement must state the date of execution, be signed by the person, and recite in writing that it is affirmed by the person under penalty of perjury under the laws of the State of New Mexico to be true and correct.