First Judicial District Court LR1-201
Formerly cited as NM R 1 DIST LR1-306
LR1-201. MOTION PRACTICE
A. Maximum page length. A brief or memorandum shall not exceed ten (10) pages, not including the cover page, conclusion, certificate of service, and exhibits, without an order of the court.
B. Failure to respond. If a party fails to respond to a motion under Rule 1-007.1.D NMRA, the moving party may submit a proposed order to the court so long as the moving party has served a copy of the proposed order on opposing counsel or a party pro se and opposing counsel or the pro se party has not objected in writing within five (5) days of service.
C. Exhibits to motion, response, or reply. Only relevant excerpts from depositions or other papers shall be attached as exhibits. Pertinent portions shall be highlighted, underlined, or otherwise emphasized for the court's attention and on all copies.
D. “Package” procedure. At the expiration of all responsive times, under Rule 1-007.1 NMRA, the movant shall submit to the judge assigned to the case a copy of the motion, any response, any reply, and a copy of a request for hearing (after filing the request with the clerk of the court) and notice of hearing form, if a party is seeking a hearing, in a package. The submission of the a package alerts the court that the motion is ripe for decision. The package shall be submitted either in electronic form to the judge's e-mail address or in hard copy form, or both, depending on the presiding judge's preference. Each judge's preference for the form of the package will be listed on the court's website. The notice of hearing must be submitted in Word or WordPerfect when the package is submitted electronically. Copies of the package submission must be served on all parties and the service must be indicated on the transmittal.
E. Hearing. The court may grant or deny a request for hearing and if the request is denied, the court shall make a decision based on the papers filed.
F. Expedited matters. If the motion requests a decision before the expiration of the time limits set forth in Rule 1-007.1 NMRA, the movant shall
(1) so indicate in the title of the motion;
(2) state in the motion the reason for requesting an expedited decision;
(3) provide a courtesy copy of the motion to the judge; and
(4) file with the motion a request for expedited hearing and notice of hearing form.
G. Copies of cases. Copies of cases relied on in the memorandum in support of the motion shall not be filed with the clerk of the court. However, courtesy copies may be furnished to the judge hearing the motion. Copies of cases provided to the judge assigned to the case shall also be provided to all parties.
[Related Statewide Rule 1-007.1 NMRA]
[Former LR1-306 adopted effective Sept. 1, 1993. Amended effective Jan. 1, 1998. Recompiled and amended as LR1-201 effective Dec. 31, 2016.]