LR1-201 NMRA
Local Rule LR1-201. Motion practice.
[Related to Statewide Rules 1-007.1 and 1-100 NMRA]
A. Maximum page length. A brief or memorandum shall not exceed ten (10)
pages, not including the cover page, conclusion, certificate of service, and exhibits,
without an order of the court.
B. Form of motions. Motions and other pleadings filed by electronic transmission
under Rule 1-005.2 NMRA shall be electronically formatted in conformity with the
requirements for physically filed pleadings and papers set forth in Rule 1-100 NMRA.
C. Failure to respond. If a party fails to respond to a motion under Rule 1-007.1(D)
NMRA, the moving party may submit a proposed order to the court so long as the
moving party has served a copy of the proposed order on opposing counsel or a party
pro se, and opposing counsel or the pro se party has not filed an objection within five (5)
days of service.
D. Exhibits to motion, response, or reply. Only relevant excerpts from
depositions or other papers shall be attached as exhibits. Pertinent portions shall be
highlighted, underlined, or otherwise emphasized for the court’s attention and on all
copies. All relevant exhibits, appendices, and other attachments (hereinafter
“attachments”) shall be attached to the motion, response, or reply at the time the
pleading is submitted; except that no attachment shall be attached to a reply unless the
attachment refers to a new matter raised in a response. Attachments filed in violation of
this rule may be stricken by court order on the court’s own motion.
E. Sur-replies not permitted. Sur-replies, or an additional reply to a motion after
the motion has been fully briefed by the parties, shall not be permitted unless a party
first obtains leave of the court to file a sur-reply.
F. “Package” procedure. At the expiration of all responsive times, under Rule 1-
007.1 NMRA, the movant shall submit to the judge assigned to the case a copy of the
motion, any response, any reply, and a copy of a request for hearing (after filing the
request with the clerk of the court) and notice of hearing form, if a party is seeking a
hearing, in a package. The submission of the package alerts the court that the motion is
ripe for decision. The package shall be submitted either in electronic form to the judge’s
e-mail address or in hard copy form, or both, depending on the presiding judge’s
preference. Each judge’s preference for the form of the package will be listed on the
court’s website. The notice of hearing must be submitted in Microsoft Word when the
package is submitted electronically. Copies of the package submission must be served
on all parties and the service must be indicated on the transmittal.
G. Hearing. The court may grant or deny a request for hearing and if the request is
denied, the court shall make a decision based on the papers filed.
H. Expedited matters. If the motion requests a decision before the expiration of the
time limits set forth in Rule 1-007.1 NMRA, the movant shall
(1)
so indicate in the title of the motion;
(2)
state in the motion the reason for requesting an expedited decision;
(3)
provide a courtesy copy of the motion to the judge; and
(4)
file with the motion a request for expedited hearing and notice of hearing
form.
I. Copies of cases. Copies of cases relied on in the memorandum in support of
the motion shall not be filed with the clerk of the court. However, courtesy copies may
be furnished to the judge hearing the motion. Copies of cases provided to the judge
assigned to the case shall also be provided to all parties.