Rule 10-168 NMRA
Rule 10-168. Rules and forms.
A. Approval procedure. Each district court may from time to time recommend to
the Supreme Court local rules governing its practice in children’s court cases. Copies of
proposed local rules and amendments shall be submitted to the Supreme Court and to
the chair of the Supreme Court’s Local Rules Committee (“the committee”) for review. If
the proposed local rule amends an existing local rule, a mark-up copy shall be
submitted to the Supreme Court and the committee. The committee shall review any
proposed local rule for content, appropriateness, style, and consistency with the other
local rules, statewide rules and forms, and the laws of New Mexico, and shall advise the
Supreme Court and the chief judge of the district of its opinion and recommendation
regarding the proposed rules. Local rules and forms shall not conflict with, duplicate, or
paraphrase statewide rules or statutes. The committee shall consult with the chief
judge, or the chief judge’s designee, regarding any revisions recommended by the
committee. Following the consultation, the committee shall report its recommendations
to the Supreme Court, and shall bring to the Court’s attention any differences of opinion
between the committee and the chief judge. No local rule shall take effect unless
(1)
approved by an order of the Supreme Court;
(2)
filed with the clerk of the Supreme Court; and
(3)
published in accordance with Rule 23-106(L)(9) and (10) NMRA.
B. Definition. A “local rule” whether called a rule, order, or other directive, is a rule
which governs the procedure in a judicial district in proceedings under the Children’s
Code. An order, which is consistent with local rules, statewide rules and forms, and the
laws of New Mexico, that is entered in an individual case and served on the parties shall
not be considered a local rule.
C. Applicability. This rule shall not apply to technical specifications for electronic
transmission adopted by a district court to permit electronic transmission of documents
to the court if the technical specifications are limited to the form of the documents to be
transmitted and are consistent with any technical specifications approved by the
Supreme Court and the provisions of Rule 10-106 NMRA.
D. Periodic review of local rules required. Every two years beginning on January
1, 2019, the chief judge of each odd-numbered judicial district shall review the district’s
local rules and submit a report to the committee identifying any local rules that are no
longer needed by the district and confirming that the district’s local rules do not conflict
with, duplicate, or paraphrase statewide laws, rules, and forms. Every two years
beginning on January 1, 2020, the chief judge of each even-numbered judicial district
shall review the district’s local rules and submit a report to the committee identifying any
local rules that are no longer needed by the district and confirming that the district’s
local rules do not conflict with, duplicate, or paraphrase statewide laws, rules, and
forms. The committee shall review each report submitted under this paragraph and
submit a recommendation to the Supreme Court by June 30 of the year the report was
submitted for any proposed changes to the district’s local rules that may be warranted.