Local Rule LR3-207. Reopening cases; filing fees.

[Related Statewide Rules 1-004, 1-005, 1-005.1, 1-041, and 1-099 NMRA] A. Closed files. After a final judgment, decree, or order of dismissal has been entered, the Court Executive Officer or designee shall close the court file. B. Certificate to reopen. To reopen a closed case, the attorney or pro se party shall file a certificate of reopen status with the new pleading in a form approved by the district court for that purpose. C. Service of pleadings on reopening case. (1) If ninety (90) or more calendar days have passed since the final disposition of the case, service on the opposing party must be accomplished under Rule 1-004 NMRA for personal service. (2) If fewer than ninety (90) calendar days have passed since the final disposition of the case, service on the opposing party or opposing party’s attorney, if the opposing party is represented, may be accomplished under Rule 1-005 NMRA or Rule 1-005.1 NMRA. D. Filing fees for reopened case. (1) Case reopened within thirty (30) days of case closing for lack of prosecution or any other reason. If the case is reopened for any reason within thirty (30) days of being closed for lack of prosecution under Rule 1-041(E)(2) NMRA or any other reason, then there is no filing fee owed for reopening the case. (2) Case reopened more than thirty (30) days of case closing for lack of prosecution. If the case is reopened more than thirty (30) days after being dismissed for lack of prosecution under Rule 1-041(E)(2), then a filing fee shall be paid unless the party reopening the case applies for and is granted free process. (3) Case reopened when no filing fee owed. There shall be no filing fee owed to the court to reopen a case under the following circumstances under Rule 1- 099(B)(1)-(4) NMRA: (a) a party is filing into the case within ninety (90) days of the final disposition of the case; (b) the parties are submitting a stipulated order or other request for action that may be performed by the clerk of the court; (c) a party is filing a motion seeking to correct a mistake in the judgment, order, or record; or (d) a motion to enforce a child support order. (4) Case reopened when filing fee owed. A filing fee is owed by a party under the following circumstances, unless they apply for and are granted free process: (a) post-decree relief is sought in addition to or other than enforcement of a prior child support order; and (b) a party is filing ninety (90) days or more after a final disposition of the case and is not filing within the categories enumerated in Subparagraph (D)(3) of this rule and Rule 1-099(B)(1)-(4).