Rule 1-011 NMRA
Rule 1-011. Signing of pleadings, motions, and other papers; sanctions; unsworn affirmations under penalty of perjury.
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. Unsworn affirmations under penalty of perjury. Except as provided in Rule 1-
120 NMRA, any written statement in a pleading, paper, or other document that is not
notarized shall have the same effect in a court proceeding as a notarized written
statement, provided that the statement includes the following:
(1)
the date that the statement was given;
(2)
the signature of the person who gave the statement; and
(3)
a written affirmation under penalty of perjury under the laws of the State of
New Mexico that the statement is true and correct.