N.M. R. Civ. P. Metro. Ct. 3-105

As amended through May 8, 2024

Rule 3-105 - Assignment and designation of judges

A.Procedure for replacing a judge upon excusal or recusal. Upon receipt of a notice of excusal or upon recusal, the chief metropolitan court judge shall, by random selection, assign another metropolitan court judge to try the case. If all metropolitan court judges in the district have been excused or have recused themselves, the chief judge of the metropolitan court shall certify that fact by letter to the district court of the county in which the action is pending and the district court shall designate another judge to conduct any further proceedings. The district court shall send notice of its designation to the parties or their counsel and to the metropolitan court.

B.Subsequent proceedings. All proceedings shall be conducted in the metropolitan court. The clerk of the metropolitan court shall continue to be responsible for the court file and shall perform such further duties as may be required. Within five (5) days after assignment or designation of a new judge, the clerk shall make a copy of the court file for the designated judge.

C.Parties agreement on trial judge. At any time during the pendency of the proceedings if the assigned judge is unavailable, the parties may agree on another judge to hear any matter, including the merits of the case. The agreement is subject to the approval of the assigned judge and the judge agreed upon by the parties.

N.M. R. Civ. P. Metro. Ct. 3-105

As amended, effective 5/1/1986;5/1/1987;10/1/1987;9/1/1989;11/1/1995;5/1/2002; as amended by Supreme Court Order No. 11-8300-021, effective 5/27/2011; as amended by Supreme Court Order No. 13-8300-026, effective for all cases pending or filed on or after12/31/2013; as amended by Supreme Court Order No. 17-8300-026, effective for all cases pending or filed on or after12/31/2017.

ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-026, effective December 31, 2017, removed the ten-day time limit within which the chief judge of the metropolitan court shall notify the district court of the county in which an action is pending in which all metropolitan court judges in the district have been excused or have recused themselves; and in Paragraph A, after "have recused themselves", deleted "within ten (10) days after service of the last notice of excusal or recusal". The 2013 amendment, approved by Supreme Court Order No. 13-8300-026, effective December 31, 2013, eliminated the requirement that the judge or clerk of the court give notice of the excusal or recusal of a judge; deleted the requirement that the chief metropolitan court judge appoint a new judge when the parties fail to agree upon a new judge; and in the first sentence, deleted "the judge or clerk of the court shall give written notice to the parties to the action. If the parties fail to agree upon a new judge". The 2011 amendment, approved by Supreme Court Order No. 11-8300-021, effective May 27, 2011, in Paragraph A, removed the requirement that counsel agree on another judge to try the case within ten days after service of notice of excusal or recusal. The 2002 amendment, effective May 1, 2002, added Paragraph C. The 1995 amendment, effective November 1, 1995, rewrote the rule heading, rewrote Paragraph A, deleted former Paragraph B relating to procedure for replacing a recused judge, and redesignated former Paragraph C as Paragraph B and rewrote that paragraph.

For forms on excusal or recusal, see Rule 4-101 NMRA et seq.