§ RULE 1-083. LOCAL RULES

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 10 > RULE 1-083.

RULE 1-083. LOCAL RULES

A. Approval Procedure.Each district court by action of the judge of such court, or of a majority of the judges thereof, may from time to time recommend to the Supreme Court local rules governing its practice in civil cases. Copies of proposed local rules and amendments shall be submitted to the Supreme Court and to the chair of the Supreme Court's Rules of Civil Procedure for the District Courts Committee (“the committee”) for review. If the proposed local rule amends an existing local rule, a mark-up copy shall be submitted to the Supreme Court and the committee. The committee shall review any proposed local rule for content, appropriateness, style and consistency with the other local rules, statewide rules and forms and the laws of New Mexico, and shall advise the Supreme Court and the chief judge of the district of its opinion and recommendation regarding the proposed rules. Local rules and forms shall not conflict with, duplicate or paraphrase statewide rules or statutes. The civil procedure committee shall consult with the chief judge, or the chief judge's designee, regarding any revisions recommended by the committee. Following such consultation, the committee shall report its recommendations to the Supreme Court, and shall bring to the Court's attention any differences of opinion between the committee and the chief judge. No local rule shall take effect unless:

(1) approved by an order of the Supreme Court;

(2) filed with the clerk of the Supreme Court; and

(3) published in the bar bulletin or in the judicial volumes of the NMSA 1978.

B. Definition.A “local rule” whether called a rule, order or other directive, is a rule which governs the procedure in a judicial district in suits of a civil nature. An order, which is consistent with local rules, statewide rules and forms and the laws of New Mexico, that is entered in an individual case and served on the parties shall not be considered a local rule.

C. Applicability.This rule shall not apply to technical specifications for electronic transmission adopted by a district court to permit electronic transmission of documents to the court if the technical specifications are limited to the form of the documents to be transmitted and are consistent with any technical specifications approved by the Supreme Court and the provisions of Rule 1-005.2 of these rules.