Rule 12-307. Service and filing of papers.

A. Filing by a party. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court. “Filing” shall include filing a facsimile copy or filing an electronic copy as may be permitted under Rule 12-307.1 NMRA or Rule 12-307.2 NMRA. If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court. Filing by mail is not complete until actual receipt. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices. B. Service of all papers required. Copies of all papers filed by any party and not required by these rules to be served by the clerk shall be served by such party or person acting for the party on all other parties to the proceeding. Service shall be made at or before the time of filing the paper with the court. C. Service; how made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney’s or party’s last known address. Service by mail is complete upon mailing. D. Definitions. As used in this rule: (1) “Delivering a copy” means: (a) handing it to the attorney or to the party; (b) sending a copy by facsimile or electronic transmission when permitted by Rule 12-307.1 NMRA or Rule 12-307.2 NMRA; (c) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place in the office; (d) if the attorney’s or party’s office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing there; or (e) leaving it at a location designated by the court for serving papers on attorneys, if the following requirements are met: (i) the court, in its discretion, chooses to provide such a location; and (ii) service by this method has been authorized by the attorney, or by the attorney’s firm, organization, or agency on behalf of the attorney. (2) “Mailing a copy” means sending a copy by first class mail with proper postage. E. Proof of service. Except as provided in Rules 12-307.1 and 12-307.2 NMRA, proof of service shall be in the form of written acknowledgment of service by the person served, certificate of the clerk of the court or of the attorney making service, or affidavit of any other person. It shall state the manner and date of service, the names of the persons served, and the addresses used for service. Such proof of service shall be filed with the papers or immediately after service is effected. F. Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the manner of service. For purposes of Rule 12- 308(B) NMRA, papers served by the court shall be deemed served by mail, regardless of the actual manner of service, unless the court’s certificate of service unambiguously states otherwise. The court may, in its discretion, serve papers in accordance with the method described in Subparagraph (D)(1)(e) of this rule. G. Filing and service by an inmate. The following provisions apply to documents filed and served by an inmate confined to an institution: (1) If an institution has a system designed for legal mail, the inmate shall use that internal mail system to receive the benefit of this rule. (2) The document is timely filed if deposited in the institution’s internal mail system within the time permitted for filing. (3) Whenever service of a document on a party is permitted by mail, the document is deemed mailed at the time of deposit in the institution’s internal mail system addressed to the parties on whom the document is served. (4) The date of filing or mailing may be shown by a written statement, made under penalty of perjury, showing the date on which the document was deposited in the institution’s internal mail system. (5) A written statement under Subparagraph (4) of this paragraph establishes a presumption that the document was filed or mailed on the date indicated in the written statement. The presumption may be rebutted by documentary or other evidence. (6) Whenever an act must be done within a prescribed period after a document has been filed or served under this paragraph, that period shall begin to run on the date the document is received by the party.