Rule 10-115 - Signing of pleadings, motions and other papers; sanctionsA.Signing of papers. Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion or other paper and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion or other paper; that to the best of the signer's knowledge, information and belief there is good ground to support it; and that it is not interposed for delay.B.Sanctions. If a pleading, motion or other paper is signed with the intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. For a willful violation of this rule an attorney or party may be subjected to appropriate disciplinary or other action. Similar action may be taken if scandalous or indecent matter is inserted. C.Definitions. A "signature" means an original signature, a copy of an original signature, a computer generated signature or any other signature otherwise authorized by law.N.M. R. Child. Ct. 10-115
Adopted by Supreme Court Order No. 08-8300-042, effective 1/15/2009. ANNOTATIONS Compiler's notes. - Pursuant to Supreme Court Order No. 08-8300-042, former Rule 10-115 NMRA, relating to rules of evidence, was recompiled as Rule 10-141 NMRA, and a new Rule 10-115 NMRA, relating to the signing of pleadings, motions and other papers, was adopted, effective January 15, 2009.