LR1-114 NMRA
Local Rule LR1-114. Submission of orders, decrees, and judgments.
[Related to Statewide Rules 1-058 and 5-121 NMRA]
A. Time for submissions after court’s decision. Unless otherwise ordered by the
court, all orders, judgments, and decrees shall be submitted to the judge by the
prevailing party not later than fourteen (14) days after the date of oral announcement of
the decision or of the letter announcing the decision.
B. Indication of opportunity to examine required. The party proposing the order,
judgment, or decree shall indicate on the document that all parties were given an
opportunity to examine the proposed document and make suggestions or objections
using the following procedures:
(1)
Orders, judgments, and decrees that have been approved by all parties
shall bear the signatures or initials, or indication of telephonic or electronic approval, of
the attorneys for all parties to the cause. Orders approved by the parties shall be
submitted for the judge’s signature without a request for hearing.
(2)
If the attorney proposing the order, judgment, or decree certifies on the
proposed document that a copy has been served on attorneys for all parties and that
the attorneys have failed to respond or indicate objections to the proposing party within
five (5) days of service, regardless of the means of service, the document may be
submitted to the judge for signature without a request for hearing. These time periods
may be enlarged or shortened by order of the court.
(3)
In matters where a party appears pro se, if the attorney who has prepared
the order, judgment, or decree certifies on the proposed document that a copy has been
sent to the pro se party with a notice that objections must be received by the court and
opposing counsel in writing within seven (7) days and that no objections were received,
the document may be submitted to the judge for signature without a request for hearing.
These time periods may be enlarged or shortened by order of the court.
(4)
Orders, judgments, and decrees to which objections have been indicated
to the proposing party may be signed by the court after submission in accordance with
Paragraph C of this rule.
C. Presentment hearings. If objections to an order, judgment, or decree have been
indicated to the proposing party, the party proposing the document shall submit it to the
judge with a request for a hearing to present the document to the court. Copies must be
served on all parties. Within seven (7) days of the date of the request, any party who
has not approved the document shall file the objections with the clerk of the court and
deliver a courtesy copy to the judge. Further, within seven (7) days of the date of the
request, any objecting party who has not approved the document must submit the
party’s alternate proposed order to the court, together with a redline to show changes to
the initial proposed order. Copies of the alternate proposed order and redline must be
served on all parties. Unless otherwise ordered, the court will not accept an alternate
proposed order in lieu of objections. The court may resolve the objections and sign the
document or the alternate document without a presentment hearing. The court may
also, sua sponte, set a matter for presentment.
D. Court-issued order. This local rule shall not limit the court’s authority to enter its
own form of order, judgment, or decree.
E. Electronic file format of proposed order. All proposed orders, judgments, and
decrees sent electronically shall be submitted to the judge in both Microsoft Word and
portable documents format (“PDF”) file formats.