Local Rule LR3-113. Orders and judgments.

[Related Statewide Rules 1-058 and 5-121 NMRA] A. Stipulation regarding no action prohibited. No stipulated order requiring the case to remain open without action shall be permitted. B. Signing orders or judgments. A district judge may sign an order or judgment when the judge who presided is unavailable, if satisfied that the order or judgment complies with the assigned judge’s decision. Any order or other matter once presented to a judge for approval or signature and refused shall not be presented to any judge except the assigned judge. C. Orders and judgments filed separately. Orders and judgments shall be separately filed, and shall not be included as part of any motion or other filed paper. D. Filing with court clerk required. Every order, judgment, or other instrument that has been signed by the court shall be immediately delivered to the court clerk for filing. Orders and judgments shall not be dated. The date of entry shall be that shown by the court’s stamp, unless filed in open court. E. Requirements prior to signing by judge. Orders and judgments shall not be signed by the court unless legibly signed or otherwise approved by all counsel of record and all pro se parties, or until after a hearing on the form of the order or judgment. F. Deadlines; preparation; procedure on submittal. Subject to Rule 1-058(B) NMRA, all orders, judgments, and decrees shall be submitted to the assigned judge within ten (10) business days of the decision unless otherwise directed by the court. In matters decided by the court after a hearing or trial, the prevailing party or the party designated by the court shall prepare orders or judgments and shall submit them to opposing counsel and pro se parties within five (5) business days from the date the order or judgment was rendered by the court. If the proposed order or judgment is approved by all counsel and pro se parties, the order or judgment shall so indicate and may be signed by the court immediately, if appropriate. Orders may be approved telephonically, via facsimile, or electronically, and shall so indicate. Any proposed order or judgment to which the parties have agreed shall be approved without reservation by counsel or pro se parties, and not “approved as to form” or in any other way limiting approval. If the approval of opposing counsel or pro se parties cannot be obtained by the tenth (10th) day or by the deadline directed by the court, such counsel or pro se party designated by the court shall follow these rules below. (1) If opposing counsel or pro se party does not agree as to the form of the proposed order or judgment, such counsel or pro se party shall send objections in writing to opposing counsel or pro se party within five (5) business days from the receipt of the proposed order or judgment. (2) If, after conferring, opposing counsel or pro se party cannot agree on the proposed form of order or judgment, each shall submit a separate proposed order or judgment and any written objections to the court and to opposing counsel or pro se party. Either shall request a presentment hearing or shall notify the court that a hearing is not requested. The court may either set a presentment hearing or determine the form of the order without a hearing. (3) The court will inform all counsel and pro se parties of its ruling on the objections, and the prevailing or designated party shall prepare a proper order or judgment, if different from the one initially submitted, in accordance with the court’s decision on the objections, or the court may prepare its own judgment or order. G. Judgments based on written instrument; requirements. A final judgment based on a written instrument shall be accompanied by the instrument, which shall be filed as an exhibit in the case at the time the judgment is entered unless the instrument is already part of the court’s official record. H. Show cause orders. Orders to show cause shall be submitted to the judge assigned to hear the case. If, however, the assigned judge is unavailable, then the proposed order may be signed by any judge, but only after the date for hearing has been obtained from the trial court administrative assistant of the judge who will hear the matter. I. Failure to comply. The court may award attorney fees and costs required by failure to comply with this rule.