N.M. R. Civ. P. Dist. Ct. 1-003.1

As amended through August 23, 2024

Rule 1-003.1 - Commencement of action; domestic relations information sheet

A.Information sheet. A domestic relations information sheet substantially in the form approved by the Supreme Court shall be submitted with the petition initiating a domestic relations case, a motion to reopen a closed domestic relations case, and with a party's first responsive pleading in a domestic relations case. A blank copy of the domestic relations information sheet shall be served on the respondent with the summons and petition. Information in the court automated information system which is obtained from the domestic relations information sheet is confidential and shall not be disclosed except that it may be disclosed to:

(1) the parties in the proceeding, unless otherwise ordered by the court;

(2) state and federal agencies required by law to collect the information disclosed; and

(3) court personnel for enforcement, data collection and record keeping purposes.

B.Legal effect. Information appearing on the information sheet will have no legal effect in the action.

C.Failure to comply. The clerk will file a pleading even if it is submitted without an information sheet or is filed with an information sheet that is incomplete. If a party fails to file or complete an information sheet, the clerk will give written notice to the party of the deficiency. If a party fails to cure the deficiency within thirty (30) days, the court may enter an order which provides for dismissal of the party's claim without prejudice. The clerk shall serve a copy of the court's order of dismissal on all parties.

N.M. R. Civ. P. Dist. Ct. 1-003.1

Provisionally approved, effective 11/1/1999 until11/1/2000; approved, effective11/1/2000; as amended by Supreme Court Order No. 14-8300-011, effective for all cases filed on or after12/31/2014.

Committee commentary. - This rule is necessary to implement the use of civil information sheets as may be required for administrative purposes by the courts. This rule is similar to LR-CIV 3.1 of the Local Civil Rules of the United States District Court for the District of New Mexico.

[Amended by Supreme Court Order No. 14-8300-011, effective for all cases filed on or after December 31, 2014.]

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-011, effective December 31, 2014, eliminated the requirement that a domestic relations cover sheet be filed in domestic relations cases; in the title, changed "cover and information sheets" to "information sheet"; deleted former Paragraph A which required that a domestic relations cover sheet be filed with the petition in a domestic relations case or with a motion to reopen a closed domestic relations case; in Paragraph B, changed "cover and information sheets" to "information sheet"; and in Paragraph C, in the first sentence, after "submitted without", deleted "a cover sheet or" and added "an" and after "is filed with", deleted "a cover sheet or" and added "an", and in the second sentence, after "file or complete", deleted "a cover sheet, or fails to submit or complete".

For requirement that clerk accept for filing any paper even though it is not presented in proper form, see Rule 1-005(E) NMRA.