Rule 7-210 - Service and filing of pleadings and other papers by facsimileA.Facsimile copies permitted to be filed. Subject to the provisions of this rule, a party may file a facsimile copy of any pleading or paper by faxing a copy directly to the court or by faxing a copy to an intermediary agent who files it in person with the court. A facsimile copy of a pleading or paper has the same effect as any other filing for all procedural and statutory purposes. The filing of pleadings and other papers with the court by facsimile copy shall be made by faxing them to the clerk of the court at a number designated by the clerk, except if the paper or pleading is to be filed directly with the judge, the judge may permit the papers to be faxed to a number designated by the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Each metropolitan court shall designate one or more telephone numbers to receive fax filings.B.Facsimile transmission by court of notices, orders or writs; receipt of affidavits. Facsimile transmission may be used by the court for issuance of any notice, order or writ or receipt of an affidavit. The clerk shall note the date and time of successful transmission on the file copy of the notice, order or writ.C.Paper size and quality. No facsimile copy shall be filed with the court unless it is: on plain paper eight and one-half by eleven (8 1/2 x 11) inches in size; legible; and typewritten or printed using a pica (10 pitch) type style or a twelve (12) point typeface. The right, left, top and bottom margins shall be at least one (1) inch. The pages shall be consecutively numbered at the bottom.D.Pleadings or papers faxed directly to the court. A pleading or paper may be faxed directly to the court if: (1) a fee is not required to file the pleading or paper;(2) only one copy of the pleading or paper is required to be filed;(3) the pleading or paper is not more than ten (10) pages in length excluding the facsimile cover page; and(4) the pleading or paper to be filed is preceded by a cover sheet with the names of the sender and the intended recipient, any applicable instructions, the voice and facsimile telephone numbers of the sender, an identification of the case, the docket number and the number of pages transmitted.E.Facsimile copy filed by an intermediary agent. Facsimile copies of pleadings or papers filed in person by an intermediary agent are not subject to the restrictions of Paragraph D of this rule.F.Time of filing. If facsimile transmission of a pleading or paper faxed is begun before the close of the business day of the court in which it is being filed, it will be considered filed on that date. If facsimile transmission is begun after the close of business, the pleading or paper will be considered filed on the next court business day. For any questions of timeliness the time and date affixed on the cover page by the court's facsimile machine will be determinative.G.Transmission by facsimile. A notice, order, writ, pleading or paper may be faxed to a party or attorney who has: (1) listed a facsimile telephone number on a pleading or paper filed with the court in the action;(2) a letterhead with a facsimile telephone number; or(3) agreed to be served with a copy of the pleading or paper by facsimile transmission. Service by facsimile is accomplished when the transmission of the pleading or paper is completed.
H.Proof of service by facsimile. Proof of facsimile service must include: (1) a statement that the pleading or paper was transmitted by facsimile transmission and that the transmission was reported as complete and without error;(2) the time, date and sending and receiving facsimile machine telephone numbers; and(3) the name of the person who made the facsimile transmission.I.Demand for original. A party shall have the right to inspect and copy any pleading or paper that has been filed or served by facsimile transmission if the pleading or paper has a statement signed under oath or affirmation or penalty of perjury.J."Signed" defined. As used in these rules, "signed" includes an original signature, a copy of an original signature, a computer generated signature or any other signature otherwise authorized by law.N.M. R. Crim. P. Metro. Ct. 7-210
Adopted, effective 1/1/1997.Committee commentary. - New Mexico has enacted an Electronic Authentication Documentation Act which provides for the Secretary of State to register electronic signatures using the public key technology. See Section 14-15-4 NMSA 1978.
ANNOTATIONS Electronic signature. - An arresting officer's electronic signature on a criminal complaint was sufficient to satisfy the requirements of the rules of criminal procedure for filing a complaint. State v. Mitchell, 2010-NMCA-059, 148 N.M. 842, 242 P.3d 409, cert. denied, 2010-NMCERT-006, 148 N.M. 582, 241 P.3d 180.