LR6-202 NMRA
Local Rule LR6-202. Service of notices and mailing of other papers.
A. Scope. This rule applies to the service or delivery of “court originated” notices
and other papers. Notices and other papers are considered “court originated” if the court
initiated the notice or paper. Any notice or paper submitted by a party for the court’s
consideration or to be completed by court staff is not considered court originated for
purposes of this rule but instead is considered to be a party originated paper. The party
submitting a party originated paper that is subsequently filed by the court is responsible
for serving the paper on the other parties to the proceeding in accordance with the
applicable statewide rules of procedure unless delivery by the court is permitted under
Paragraph B of this rule.
B. Designation of attorney boxes at courthouse. All attorneys maintaining an
office in Silver City, New Mexico, and who consent in writing, will have an appropriate
box or other place designated in the district judge’s office in Silver City where copies of
notices and other papers will be placed. All attorneys maintaining an office in Deming,
New Mexico, and who consent in writing, will have an appropriate box or other place
designated in the district judge’s office in Deming where copies of notices and other
papers will be placed. All attorneys maintaining offices in Lordsburg, New Mexico, and
who consent in writing, will have an appropriate box or other place designated in the
district court clerk’s office in Lordsburg where copies of notices and other papers will be
placed. (See Appendix, LR6-Form 702 for consent form.)
C. Use of attorney boxes for service. For those attorneys who do not consent to
placement of copies in the areas designated in Paragraph B of this rule, the district
court clerk’s office will not mail notices or other papers to counsel, except court
originated notices and other papers, unless the attorney provides a stamped, self-
addressed envelope along with the proposed notice or other paper. Court originated
notices and other papers will be mailed at the court’s expense to counsel who either do
not maintain an office in the municipality where the district court clerk’s office is located
or do not consent to the use of the box in the courthouse. An attorney may request that
a conformed copy of a paper be mailed to the attorney. The request shall be
accompanied by a stamped, self-addressed envelope.
D. Three-day mailing period. When notices and papers are placed in a desginated
area at the courthouse as provided by this rule, the three (3) days mailing period
provided in Rule 1-006(D) NMRA shall be added to any prescribed period. If a notice,
order, writ, pleading, or other paper is transmitted by facsimile to counsel under Rule 1-
005.1 NMRA, the additional three (3) days provided in Rule 1-006(D) NMRA shall not
be added to any prescribed period.