LR6-204 NMRA

Local Rule LR6-204. Orders and judgments.

Last amended: 2016Year: 2016Length: 616 wordsOfficial source
[Related Statewide Rule 1-058 NMRA] A. Other judge may sign when assigned judge unavailable; exception. 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 other judge except the assigned judge. B. Separately filed. Orders and judgments shall be separately filed, and shall not be included as part of any pleading or paper. C. District court clerk to file and date. Every order, judgment, or other paper which has been signed by the court shall be immediately delivered to the district court clerk for filing. Orders and judgments shall not be dated. The date of filing and of entry shall be the same in all cases and shall be shown by the district court clerk’s stamp, unless filed in open court. Documents filed in open court will not be date-stamped with a different date when the document is filed with the clerk. D. Signature or telephonic approval required. Orders, judgments, and decrees may not be signed by the court unless legibly signed or telephonically approved by all counsel of record. E. Approved orders; requirements. Names or addresses of attorneys shall not appear on any judgment or order except to reflect their approval. Any judgment or order which the parties have agreed and stipulated to shall be approved without reservation by counsel, and not “Approved as to Form” or in any other way limiting approval. If the proposed order, decree, or judgment is approved by all counsel as to form or otherwise, the order, decree, or judgment shall so indicate and may be signed by the court immediately, if appropriate. Orders, decrees, and judgments may be approved telephonically and so indicated. F. Proposed orders and judgments following hearings or trials; preparation; objection. Subject to Rule 1-058(B) NMRA, in matters decided by the court after a hearing or trial, a proposed order or judgment shall be submitted to the assigned judge within ten (10) days of the decision. (1) The prevailing party or the person designated by the court shall submit the proposed order or judgment to opposing counsel for approval as to form within five (5) days from the court’s ruling. If the preparer is unable to obtain approval as to form, the form of order shall be sent to the judge with a letter of transmittal so indicating. If opposing counsel does not comply with Subparagraph (2) below, the court may either enter the order as presented or modify it to fit the court’s ruling. (2) If opposing counsel does not agree as to the form of order or judgment, that counsel shall file a written objection thereto, if any, with copies to the judge and all other counsel within five (5) days from the receipt of the form of order or judgment. A copy of the form of order or judgment to which the objection is made shall be attached to the filed objection. The objection shall set forth the specific language to which objection is made and each reason for the objection. The objecting party shall submit a separate form of order or judgment. (3) The court will inform all counsel of its ruling on the objections, or may order a hearing thereon. 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. G. Failure to comply. The court may award attorney fees and costs required because of a failure to comply with this rule.
LR6-204 NMRA: Local Rule LR6-204. Orders and judgments. | Justis AI