LR5-106 NMRA
Local Rule LR5-106. Orders, decrees, and judgments.
[Related Statewide Rules 1-054, 1-058, 5-121, and 5-701 NMRA]
A. Filing. Orders and judgments shall be separately filed and shall not be included
as part of any pleading.
B. Date of execution. Orders and judgments shall not be dated nor shall they show
the place of execution. The date of filing and of entry shall be the same in all cases and
shall be shown by the clerk’s stamp and record unless filed in open court.
C. Submission to the court. Orders, decrees, and judgments shall be submitted by
email to the proposed text email address for the trial judge, to the clerk of the district
court, or to the assigned judge’s trial court administrative assistant for delivery to the
trial judge unless the case is assigned to an out-of-county or out-of-district judge, in
which case the document shall be submitted to the trial judge or the judge’s trial court
administrative assistant. Orders, decrees, and judgments should be submitted not later
than fifteen (15) days following the announcement of the court’s decision unless
otherwise ordered. The prevailing party shall be responsible for the filing. Orders and
judgments will not be signed by the judge unless they have been approved by counsel
for all parties to the cause.
D. Disagreement as to form of order; pro se parties.
(1)
Should the counsel for any party or pro se party fail or refuse to approve a
proposed order or judgment within five (5) working days, the attorney submitting the
proposed order shall certify to the court that the opposing counsel or pro se party has
failed or refused to approve the order and shall submit the order for entry.
(2)
Should the counsel for any party or pro se party indicate a disagreement
with the proposed form of order, then either party may file a Request for Hearing
attaching that party’s proposed form of order. The court may then either schedule a
hearing or enter an order determined by the court to be appropriate.
(3)
In cases where all parties are appearing pro se, the court may enter an
order. The parties shall then have seven (7) days in which to file an objection to the
order. If an objection is filed, the court shall set the matter for hearing.
E. Multiple defendants. Cases which have multiple defendants and are ready for a
partial closing against one or more defendants will not be signed by the judge unless
the title of the judgment or order specifies the name of the defendant or defendants to
whom the judgment or order applies that relief is being entered against.
F. Filing with clerk. Every order, judgment, or other instrument signed by the court
shall be immediately delivered to the clerk for filing. No order or judgment will be taken
from the courthouse after it has been signed.