Rule 8-107 NMRA
Rule 8-107. Pro se and attorney appearance.
A. Appearance by an individual, pro se or attorney. A defendant to any criminal
action may appear, defend, and appeal any proceeding without an attorney, pro se, or
may appear through an attorney as provided in Paragraph D below. Non-attorneys may
not represent individuals, except as provided in Paragraphs B and C of this rule.
B. Pro se appearance by an individual on behalf of corporation or limited
liability company. If the defendant is a corporation or limited liability company, whose
voting shares or memberships are held by a single shareholder or member, or a 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 an officer or general manager who
has been authorized to appear on behalf of the corporation or limited liability company,
then this individual may appear, defend, and appeal any proceeding on behalf of the
defendant corporation or limited liability company.
C. Pro se appearance by an individual on behalf of general partnership. If the
defendant is a general partnership that meets all of the following qualifications:
(1)
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;
(2)
all partners, whether limited or general, are natural persons; and
(3)
the appearance is by a general partner who has been authorized to
appear by the general partners, then this individual may appear, defend, and appeal
any proceeding on behalf of the defendant general partnership.
D. Attorney appearance. Whenever counsel undertakes to represent a defendant
in any criminal action, the attorney will file a written entry of appearance in the cause,
unless the attorney has been appointed by written order of the court. 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, an attorney may enter an appearance by:
(1)
filing of a written entry of appearance or any pleading or paper signed by
signed by the attorney; or
(2)
communicating with the judge in open court on behalf of a defendant. An
attorney who enters an appearance by an in-court communication with the judge shall
file a written entry of appearance with the court within three (3) days after the
communication with the judge.
E. Consent and notice. No attorney or firm who has appeared in a cause may
withdraw from it without written consent of the court.
F. Substitution of counsel. The court may condition consent to withdraw as an
attorney upon substitution of other counsel or the filing by a party of proof of service on
all parties of an address at which service may be made upon the party. Withdrawing
counsel or substitute counsel shall serve on all parties a copy of the motion requesting
written consent to withdraw and shall file proof of service with the court.