LR8-107 NMRA
Local Rule LR8-107. Submission of orders, decrees, and judgments.
A. Timing of submission. Unless otherwise ordered by the court all orders,
judgments, and decrees shall be submitted to the judge by the prevailing party not later
than ten (10) days following the date of announcement by the judge of the decision, if
announced in open court, or twelve (12) days following the date of the letter or other
document announcing the decision.
B. Prevailing party responsible for submission; timing; objections. The
prevailing party shall be responsible for submission of orders. If approval of opposing
counsel cannot be obtained by the tenth (10th) or twelfth (12th) day, request for hearing
on notice of presentment, with proposed order attached, shall be made immediately.
(1)
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 or parties pro se within five (5) days from the date the order
or judgment was made by the court, unless otherwise directed by the court at time of
hearing.
(2)
If the proposed order or judgment is approved by all counsel or parties pro
se, the order or judgment shall so indicate and may be signed by the court immediately,
if appropriate. Orders may be approved telephonically and so indicated.
(3)
Any order which the parties have agreed and stipulated to shall be
approved without reservation by counsel or parties pro se, and not “Approved as to
Form” or in any other way limiting approval.
(4)
If opposing counsel or parties pro se do not agree as to the form of order
or judgment, such person shall send written objection, if any, to the drafter of the order
within five (5) days of receipt of the order. At a presentment hearing, the court shall
consider the order attached to the notice of presentment and objector’s proposed form
of order.
(5)
On request for a presentment hearing, the party requesting the hearing
must attach the requesting party’s proposed form of order and the objecting party’s
proposed form of order.
(6)
The court may prepare a proper order or judgment, if different from the
one initially submitted, in accordance with the court’s decision on the objections.