Local Rule LR9-305. Criminal orders; judgments and sentences.

The judgment and sentence in all criminal cases shall be signed by both parties or their attorneys and submitted to the court for signature under this rule. A. Approval; timing. Any final order or judgment and sentence which affects in any manner the custody or release of a defendant in a criminal proceeding shall be prepared and approved by the parties and their attorneys and submitted to the court for approval no later than ten (10) business days after the court’s decision. B. Procedure for submission. The prosecuting attorney shall prepare the judgment and have the judgment submitted to counsel for the defendant, or directly to the defendant if pro se, within five (5) business days of the court’s decision. Any judgment and sentence that has not been approved by the defendant or the defendant’s attorney after the expiration of ten (10) business days after the court’s decision or the jury’s verdict shall be submitted to the trial court for approval with a notation that it has been submitted to the defendant or the defendant’s attorney, that more than ten (10) business days have elapsed since the court’s decision, and that the defendant or the defendant’s attorney has failed or refused to sign it. The notation shall include the date that the proposed order or judgment and sentence was submitted to the defendant or the defendant’s attorney for review. The court shall ensure that opposing counsel has had sufficient time to review the document. If the order or judgment and sentence meets with the court’s approval, the court shall sign the document. C. Objections. The defendant or defendant’s attorney shall be responsible to ensure that the defendant or the defendant’s attorney reviews and either approves or objects to any proposed written judgment and sentence in a criminal case. If the defendant or the defendant’s attorney does not or cannot agree to the form of the judgment and sentence, it shall be the defendant’s or the defendant’s attorney’s responsibility to file a written objection and notify the trial court of the objection prior to ten (10) business days after the court’s decision. If the defendant or the defendant’s attorney opposes the form of order, it shall be the defendant’s or the defendant’s attorney’s obligation to schedule a hearing before the trial judge as quickly as possible on the objection(s). D. Hearing on objections. Objections or hearing on objections to the form and content of judgment and sentence, or other orders and judgments which affect in any manner the custody or release of a defendant, shall be heard by the court as quickly as possible. The time limits set forth in the rules with regard to hearings on motions or other pleadings shall not apply to hearings with regard to the contents of a judgment and sentence or other order or judgment affecting custody or release of a defendant and the court may schedule the same with twenty-four (24) hour notice to parties of record or their attorneys, except victim cases under Section 31-26-3 and Section 31-26- 10 NMSA 1978, which requires seven (7) days’ notice. E. Date of filing, entry. The date of filing and entry shall be the same in all cases and shall be shown by the court administrator’s stamp, unless filed in open court or nunc pro tunc. F. Filing; notification. All orders or judgments and sentences submitted to the court shall be signed and thereafter immediately filed with the court clerks’ office. The court shall immediately contact each counsel’s office and notify counsel that the order or judgment and sentence has been signed and filed. If not yet filed by the court, the prosecutor’s office shall be responsible for the filing of any order or judgment under this policy. If the court has filed the order or judgment and sentence, the prosecutor’s office shall be responsible for obtaining copies of the order or judgment and sentence from the judge’s clerk on immediate notification by the court that it has filed the order or judgment and sentence and distributing copies of the same. G. Court to provide copy to authorities. A copy of all judgments and sentences or other orders and judgments that affect in any manner the custody or release of a defendant shall be provided by the court to the Curry or Roosevelt County Detention Facility or the Curry or Roosevelt County Sheriff’s Office within two (2) business days after the judgment and sentence or other order or judgment is filed with the Ninth Judicial District Court Clerk’s Office.