Rule 1-089.1 NMRA
Rule 1-089.1. Nonadmitted and nonresident counsel.
A. Nonadmitted counsel. Except as otherwise provided in Paragraph C of this rule,
counsel not admitted to practice law in New Mexico, but who are licensed to practice
law and in good standing in another state or country, may upon compliance with Rule
24-106 NMRA, participate in proceedings before New Mexico courts only in association
with counsel licensed to practice law in good standing in New Mexico, who, unless
excused by the court, must be present in person in all proceedings before the court.
Nonadmitted counsel shall state by affidavit that they are admitted to practice law and
are in good standing to practice law in another state or country and that they have
complied with Rule 24-106 NMRA. The affidavit shall be filed with the first paper filed in
the court, or as soon as practicable after a party decides on representation by
nonadmitted counsel. Upon filing of the affidavit, nonadmitted counsel shall be deemed
admitted subject to the other terms and conditions of this paragraph. A separate motion
and order are not required for the participation of nonadmitted counsel. New Mexico
counsel must sign the first motion or pleading and New Mexico counsel’s name and
address must appear on all subsequent papers or pleadings. New Mexico counsel shall
be deemed to have signed every subsequent pleading and shall therefore be subject to
the provisions of Rule 1-011 NMRA. For noncompliance with Rule 24-106 NMRA or this
rule, or for other good cause shown, the court may issue an appropriate sanction
including termination of the attorney’s appearance in any proceeding.
B. Nonresident counsel licensed in New Mexico. In order to promote the speedy
and efficient administration of justice by assuring that a court has the assistance of
attorneys who are available for court appointments, for local service, for docket calls
and to prevent delays of motion hearings and matters requiring short notice, the court
may require a nonresident counsel licensed to practice and in good standing in New
Mexico to associate resident New Mexico counsel in connection with proceedings
before the court.
C. Discovery matters; counsel not licensed in New Mexico. Counsel who are
not New Mexico residents and who are not licensed to practice law in New Mexico, but
who are licensed to practice law and in good standing in another state or territory may,
without associating New Mexico counsel, participate in discovery proceedings which
arise out of litigation pending in another state or territory. However, in a specific
proceeding, the court may require association of New Mexico counsel.