N.M. R. Civ. P. Dist. Ct. 1-123

As amended through August 23, 2024

Rule 1-123 - Mandatory disclosure in domestic relations and paternity actions; preliminary disclosure requirements

A.Duty to disclose. Parties to domestic relations actions shall disclose to other parties relevant information concerning characterization, valuation, division, or distribution of assets or liabilities, whether separate or community property, in any proceeding involving the distribution of property or the establishment or modification of child or spousal support as provided in this rule.

B.Preliminary disclosure. Unless otherwise stipulated by the parties and ordered by the court or otherwise ordered by the court

(1) in every domestic relations action involving property and debt division or characterization, within forty-five (45) days after service of the petition, the parties shall serve a disclosure as provided in Domestic Relations Form 4A-212 NMRA. The disclosure shall contain

(a) an interim monthly income and expense statement;

(b) a community property and liabilities schedule; and

(c) a separate property and liabilities schedule.

The statements and schedules shall substantially comply with Domestic Relations Forms 4A-212, 4A-214, and 4A-215 NMRA approved by the Supreme Court. The schedules shall be accompanied by a list of the documents utilized to complete the schedules.

(2) in actions concerning spousal support or child support, within forty-five (45) days of service of process on the opposing party, the petitioner or movant shall serve on the opposing party, and the opposing party shall serve on the petitioner or movant, an affidavit of disclosure containing the following information

(a) federal and state tax returns, including all schedules, for the year preceding the request;

(b) W-2 statements for the year preceding the request;

(c) Internal Revenue Service Form 1099s for the year preceding the request;

(d) work-related daycare statements for the year preceding the request, if applicable;

(e) dependent medical insurance premiums for the year preceding the request, if applicable;

(f) wage and payroll statements for four months preceding the request; and

(g) in actions concerning modification of spousal support, a statement of income and expenses pursuant to Domestic Relations Form 4A-212 NMRA.

C.Supplemental disclosure. Sworn disclosure schedules shall be served in accordance with Rule 1-026 NMRA upon all parties, with copies to the trial court, at least five (5) days before trial.

D.Child support worksheets. In actions involving child support, the parties shall each complete a child support worksheet as provided by Section 40-4-11.1 NMSA 1978. The worksheets shall be served upon all parties, with copies to the trial judge, at least five (5) days before trial.

E.Duty of the State as a party. Under this rule, the State of New Mexico is required to produce only documents intended to be introduced at an evidentiary hearing, at least five (5) days prior to the hearing, unless otherwise prohibited by law.

F.Failure to comply. Failure to comply with this rule may result in the assessment of costs and attorney fees against the delinquent party or such other sanctions as the court deems appropriate.

N.M. R. Civ. P. Dist. Ct. 1-123

Approved, effective 11/1/2000 until11/1/2001; approved, effective11/1/2001; as amended by Supreme Court Order No. 06-8300-020, effective 12/18/2006; as amended by Supreme Court Order No. 13-8300-047, effective for all cases filed or pending on or after12/31/2013.

Committee commentary. - In domestic relations actions, the parties are subject to the mandatory disclosure requirements set forth in this rule. The purpose of mandatory disclosure is to decrease acrimony and mistrust between the parties, lessen legal fees and costs, emphasize fiduciary duties, assist parties to make honest, full, and complete disclosure of the existence and value of assets, debts, and income, and encourage the parties to restructure their relationships inexpensively, efficiently, and respectfully. The parties should be mindful of these objectives in making their disclosures under these rules.

Although these disclosures are mandatory, this rule in no way limits permissible discovery pursuant to Rules 1-026 to 1-037 NMRA. The parties are free to avail themselves of all applicable discovery procedures unless the court orders otherwise.

As is typical with other discovery requests and responses, disclosures under this rule are not to be filed with the court. Rather, they are to be served upon the parties and the trial court as set forth in the rule. Certificates of service of the disclosure should be filed with the clerk pursuant to Rule 1-005 NMRA.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-047, effective December 31, 2013, changed the number of the Domestic Relations Form that provided for the disclosure of information the parties are required to serve on each other after a petition is served and changed the numbers of the Domestic Relations Forms that the statements and schedules in the disclosure must comply with; in Subparagraph (1) of Paragraph B, in the second sentence, after "Domestic Relations Form", deleted "4A-122" and added "4A-212"; and in the first sentence following Item (c) of Subparagraph (1) of Paragraph B, after "Domestic Relations Forms", deleted "4A-122, 4A-131 and 4A-132" and added "4A-212, 4A-214 and 4A-215". The 2006 amendment, approved by Supreme Court Order 06-8300-20 effective December 18, 2006, added a new Paragraph A; redesignated former Paragraph A as Paragraph B; amended Paragraph B to provide for a preliminary disclosure by the parties within forty-five (45) days after service of a petition in domestic relations actions and to specify the disclosures required by the rule; added Paragraph C to provide for sworn supplemental disclosure schedules; redesignated former Paragraph B as Paragraph D; amended Paragraph D to require service of child support worksheets on the trial judge; added Paragraph E relating to production of documents by the state; and redesignated former Paragraph C as Paragraph F.

For the Supreme Court approved community property and liabilities schedule, see Domestic Relations Form 4A-214 NMRA. For the Supreme Court approved separate property and liabilities schedule, see Domestic Relations Form 4A-215 NMRA. Compiler's notes. - Pursuant to a court order dated October 3, 2000, this rule was provisionally approved for twelve months effective November 1, 2000. Subsequently, by a court order dated October 29, 2001, this rule was approved and adopted in its final form, effective November 1, 2001.