Rule 10-111 NMRA
Rule 10-111. Motions; how and when presented.
A. Requirement of written motion; time for filing. All motions, except motions
made during trial, or as may be permitted by the court, shall be in writing and shall state
with particularity the grounds and the relief sought. All pre-adjudicatory motions shall be
filed at least twenty-five (25) days prior to any adjudicatory hearing except by leave of
court.
B. Unopposed motions. The moving party shall determine whether or not a motion
will be opposed. If the motion will not be opposed, an order approved by all other
counsel and parties pro se shall accompany the motion.
C. Opposed motions. The motion shall recite that concurrence of all other counsel
and parties pro se was requested or shall specify why no such request was made. The
movant shall not assume that the nature of the motion obviates the need for seeking
concurrence unless the motion is a:
(1)
motion to dismiss;
(2)
motion for new trial;
(3)
motion for judgment notwithstanding the verdict;
(4)
motion for summary judgment in an abuse or neglect proceeding or in a
termination of parental rights proceeding;
(5)
motion for an ex parte custody order in an abuse or neglect proceeding; or
(6)
motion for relief from a final judgment, order or proceeding in an abuse or
neglect proceeding or a termination of parental rights proceeding pursuant to Paragraph
B of Rule 1-060 NMRA of the Rules of Civil Procedure for the District Courts.
Notwithstanding the provisions of any other rule, counsel may file with any opposed
motion a brief or supporting points with citations or authorities. If the motion requires
consideration of facts not of record, the moving party shall file copies of all affidavits,
depositions or other documentary evidence to be presented in support of the motion.
Motions to amend pleadings shall have attached the proposed pleading. A motion for
judgment on the pleadings presenting matters outside the pleading shall comply with
Rule 1-056 NMRA of the Rules of Civil Procedure for the District Courts. A motion for
new trial in a neglect or abuse, termination of parental rights or delinquency proceeding
shall comply with Rule 10-146 NMRA of these rules.
D. Response. Unless otherwise specifically provided in these rules or by the
Children's Code, any written response and all affidavits, depositions or other
documentary evidence in support of the response shall be filed within ten (10) days after
service of the motion. A motion for new trial in a delinquency proceeding shall comply
with Rule 5-614 NMRA of the Rules of Criminal Procedure for the District Courts.
E. Reply brief. Any reply brief shall be filed within five (5) days after service of any
written response.
F. Request for hearing. A request for hearing shall be filed at the time an opposed
motion is filed. The request for hearing shall be substantially in the form approved by
the Supreme Court.