Local Rule LR2-119. Opposed motions and other opposed matters; filing; hearings.

[Related Statewide Rules 1-007.1, 5-120, and 10-111 NMRA] A. Presentment for filing. Unless subject to mandatory electronic filing as set forth in Rule 1-005.2 NMRA, LR2-203 NMRA, and the Electronic User Filing Guide, as a condition of filing, all opposed motions, objections, and other opposed matters requiring a hearing (hereinafter “motions”) shall be presented to the clerk with the following: (1) a copy of the motion, along with any required and other attachments to the motion, for the assigned judge; (2) an original request for hearing in the form set forth in LR2-Form 703 NMRA, along with a copy of the request for the assigned judge; (3) an original notice of hearing in the form set forth in LR2-Form 704 NMRA and sufficient copies for all parties entitled to notice; and (4) stamped, addressed, plain (without return address) envelopes for all parties entitled to notice. B. Service of request. The movant shall serve copies of the request for hearing on all parties entitled to notice. C. Filing; forwarding to judge. The clerk will file the motion and request for hearing, and endorse a copy of each for the assigned judge. The clerk shall forward the endorsed copies, the original notice of hearing and copies, and the envelopes to the assigned judge. D. Package procedure. At the time the notice of completion of briefing is filed in civil court as required by Paragraph H of Rule 1-007.1 NMRA, the movant shall submit to the assigned judge endorsed copies of the motion, response, and any reply. The submission of the package alerts the court that the motion is ripe for decision. E. Notice of hearing. At the time the package required by Paragraph D of this rule is submitted to the assigned judge, either the judge will make a decision based on the papers filed or the assigned judge’s staff will complete and file the notice of hearing and mail or deliver copies to all parties entitled to notice, adding to the envelopes the court address as the return address. The judge also may direct the movant to complete this process. F. General exceptions. The clerk also shall file opposed motions presented without a request for hearing, notice of hearing, or stamped, addressed envelopes, in the following circumstances: (1) prior to presentment to the clerk, the movant has delivered a copy of the motion and the request, the original and copies of the notice of hearing, and envelopes to the assigned judge’s office, and receipt is indicated on the original motion by initials of the judge’s staff; (2) the motion has been approved for filing by the assigned judge’s staff in circumstances other than those set forth in Subparagraph (1) of this paragraph; (3) the motion is presented with a signed order disposing of the matter; or (4) the motion is presented with a proposed order in which the date and time of the hearing will be entered, such as an order to show cause or temporary restraining order. Notwithstanding the application of these exceptions, movant is nevertheless required to comply with the package procedure set forth in Paragraph D of this rule. G. Exception for motions requiring fifteen minutes or less in criminal, delinquency, and need-of-supervision cases. All motions in criminal, delinquency, and need-of-supervision cases requiring fifteen minutes or less for hearing shall be presented only with sufficient copies of the motion for all parties entitled to notice. The clerk, at the time of filing, will stamp a hearing date and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice. With criminal cases, motions for Monday hearings must be filed by the preceding Monday; motions for Friday hearings must be filed by the preceding Friday. Any motions filed after these deadlines will be scheduled on the next regular calendar, unless otherwise ordered by the court. H. Required attachments. With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion. With motions filed in domestic relations cases, a Rule 1-099 NMRA certificate shall be attached as required by LR2-126 NMRA. I. Requests alone. A request for hearing may be filed without a motion provided the request is presented with a notice of hearing, copies, and envelopes. A copy of the request shall be served on all parties entitled to notice.