Rule 6-211 NMRA
Rule 6-211. Electronic service and filing of pleadings and other papers.
A. Definitions. As used in these rules:
(1)
"electronic transmission" means the transfer of data from computer to
computer other than by facsimile transmission; and
(2)
"document" includes the electronic representation of pleadings and other
papers.
B. Registration for electronic service. The clerk of the Supreme Court shall
maintain a register of attorneys who agree to accept documents by electronic
transmission. The register shall include the attorney's name and preferred electronic
mail address.
C. Electronic transmission by the court. The court may send any document by
electronic transmission to an attorney registered pursuant to Paragraph B of this rule
and to any other person who has agreed to receive documents by electronic
transmission.
D. Filing by electronic transmission. Documents may be filed by electronic
transmission in accordance with this rule and any technical specifications for electronic
transmission:
(1)
in any court that has adopted technical specifications for electronic
transmission;
(2)
if a fee is not required or if payment is made at the time of filing.
E. Single transmission. Whenever a rule requires multiple copies of a document to
be filed only a single transmission is necessary.
F. Service by electronic transmission. Service pursuant to Rule 6-209 of these
rules may be made by electronic transmission on any attorney who has registered
pursuant to Paragraph B of this rule and on any other person who has agreed to service
in this manner.
G. Time of filing. If electronic transmission of a document is received before the
close of the business day of the court in which it is being filed, it will be considered filed
on that date. If electronic transmission is received after the close of business, the
document will be considered filed on the next business day of the court. For any
questions of timeliness, the time and date registered by the court's computer will be
determinative.
H. Demand for original. A party shall have the right to inspect and copy any
document that has been filed or served by electronic transmission if the document has a
statement signed under oath or affirmation or penalty of perjury.
I. Proof of service by electronic transmission. Proof of service by electronic
transmission shall be made to the court by a certificate of an attorney or affidavit of a
non-attorney and shall include:
(1)
the name of the person who sent the document;
(2)
the time, date and electronic address of the sender;
(3)
the electronic address of the recipient;
(4)
a statement that the document was served by electronic transmission and
that the transmission was successful.