LR2-112 NMRA
Local Rule LR2-112. Tendering money to and disbursing money from the court; insufficient funds checks; refunds; daily jury receipt.
[Related Statewide Rule 1-102 NMRA and Statute NMSA 1978, § 34-6-36]
A. Court order or statute required. The clerk shall not accept or disburse money
except pursuant to court order, rule, or statute.
B. Disbursements. Except for routine orders submitted by court staff, all proposed
orders for disbursement of funds from a court account shall be approved by the court
accountant prior to presentment to any judge, such approval to signify that funds
necessary to execute the order are available.
C. Form of tender. Any tender of any type of bond, litigant funds, or eminent
domain funds shall be in the form of cash, money order, cashier’s check, certified
check, or government agency warrant. Any tender for fees and other payments may be
in the form of cash, money order, cashier’s check, certified check, government agency
warrant, attorney trust or operating account check, or law firm check. Personal checks
shall not be accepted.
D. Insufficient funds checks. The court shall refuse checks from attorneys, law
firms, or agencies who have previously presented insufficient funds checks. Upon
written request, the chief judge may waive this requirement. The clerk shall assess a
service charge consistent with what the financial institution charges the court on checks
which are returned for any reason. This requirement shall not be waived.
E. Fee refunds. Filing fees will not be refunded. Court clinic assessment fees in
domestic relations court cases will not be refunded except upon court order for good
cause shown.
F. Daily jury fee receipt. The party or parties requesting a jury trial must present
their receipt for payment of the daily jury fee to the assigned judge before the trial will
continue as a jury trial each day.