Rule 2-107 NMRA
Rule 2-107. Pro se and attorney appearance.
A. Pro se appearance by an individual. A party to any civil action may appear,
prosecute, defend, and appeal any proceeding:
(1)
if the party is an individual party, in person;
(2)
if the property is community property, one spouse may appear for both
spouses.
B. Other authorized non-attorney appearances. A party to any civil action may
appear, prosecute, and defend any proceeding
(1)
on a writ of garnishment or attachment
(a) by a general partner if the partnership is brought into the suit by a writ of
garnishment or attachment;
(b) by an officer, director, or general manager of a corporation or limited
liability company upon the filing of a notarized certificate to so act on behalf of the
corporation or limited liability company, if the corporation or limited liability company is
brought into the suit by a writ of garnishment or attachment;
(2)
in an action brought under the provisions of the Uniform Owner-Resident
Relations Act, Sections 47-8-1 to -52 NMSA 1978, or the Mobile Home Park Act,
Sections 48-10-1 to -23 NMSA 1978, if the appearance is by
(a) the “owner,” as defined in the Uniform Owner-Resident Relations Act;
(b) a “landlord,” as defined in the Mobile Home Park Act; or
(c) the person authorized to manage the premises;
(3)
if the party is a corporation or limited liability company, whose voting
shares or memberships are held by a single shareholder or member or closely knit
group of shareholders or members, all of whom are natural persons active in the
conduct of the business, and the appearance is by one such shareholder or member
who has been authorized to appear on behalf of the corporation or limited liability
company; or
(4)
if the party is a general partnership that meets all of the following
qualifications:
(a) the partnership has less than ten partners, whether limited or general,
except that a husband and wife are treated as one partner for this purpose;
(b) all partners, whether limited or general, are natural persons; and
(c) the appearance is by a general partner who has been authorized to
appear by the general partners;
(5)
if the party is a governmental entity and the appearance is by an
employee of the governmental entity authorized by the entity to institute or cause to be
instituted an action on behalf of the governmental entity; or
(6)
if the party is a wage claimant, the director of the labor and industrial
division of the Labor Department, as assignee, may appear on behalf of the claimant
under Sections 50-4-11 and 50-4-12 NMSA 1978.
C. Attorney appearance. A party may appear, prosecute, defend, and appeal any
proceeding by an attorney. Whenever an attorney undertakes to represent a party, the
attorney shall file a written entry of appearance showing the attorney’s name, address,
and telephone number. Counsel not admitted to practice law in New Mexico, but who
are licensed to practice law and in good standing in another state or territory, shall
comply with Rule 24-106 NMRA. For the purpose of this rule, the filing of any pleading
or paper signed by counsel constitutes an entry of appearance. If entry of appearance is
made by the filing of a pleading on behalf of a party, the attorney shall set forth on the
pleading the attorney’s address and telephone number. If an attorney’s appearance is
limited under Rule 16-102(C) NMRA, the attorney shall:
(1)
file an entry of appearance entitled “Limited Entry of Appearance” that
identifies the nature of the limitation;
(2)
note the limitation in the signature block of any paper the attorney files;
and
(3)
include in the signature block of any paper the attorney files an address at
which service may be made on the client.
D. Collection agencies. Collection agencies may take assignments of claims in
their own names as real parties in interest for the purpose of billing and collection and
bringing suit in their own names, provided that no suit authorized by this section may be
instituted on behalf of a collection agency in any court unless the collection agency
appears by a licensed attorney-at-law.
E. Fees for non-attorneys prohibited. Any person who appears, prosecutes, or
defends a proceeding under Paragraph B of this rule shall not receive a fee for
providing that service.