N.M. R. Civ. P. Magist. Ct. 2-103

As amended through August 23, 2024

Rule 2-103 - Rules and forms

A.Rules. Each magistrate court or division thereof may from time to time make and amend rules governing its practice not inconsistent with law, these rules or regulations prescribed by the administrative office of the courts or the district court chief judge of the judicial district in which the magistrate court is located. Such rules may relate to office hours and procedures, to the performance of clerical duties by clerical assistants and to other procedures for effecting a just, speedy and inexpensive determination of causes pending before such court. Proposed rules or amendments shall be submitted to the district court chief judge of the judicial district in which the local rules would apply and shall not become effective until approved by the chief judge.

B.Forms.

(1) Forms that are generated by the magistrate court using the court's automated case management system shall be substantially in the form approved by the Supreme Court.

(2) Local forms may be developed, used, and distributed by individual magistrate courts or magistrate court divisions subject to the following requirements:

(a) Any local form shall be submitted to the district court chief judge of the judicial district in which the local form is intended for use and shall not become effective until approved by the chief judge;

(b) Any local form approved by a chief judge shall not be generated by the magistrate court using the court's automated case management system; and

(c) Any local form shall not be inconsistent with law, these rules, or regulations prescribed by the Supreme Court, the administrative office of the courts, or the district court chief judge of the judicial district in which the local form is intended for use.

(3) A party may file a pleading or paper that is substantially in the form approved by the Supreme Court.

N.M. R. Civ. P. Magist. Ct. 2-103

As amended, effective 1/1/1987; as amended by Supreme Court Order No. 07-8300-034, effective 1/22/2008; as amended by Supreme Court Order No. 19-8300-003, effective 7/1/2019.

ANNOTATIONS The 2019 amendment, approved by Supreme Court Order No. 19-8300-003, effective July 1, 2019, amended procedures for enacting or amending magistrate court rules and forms developed, used and distributed by magistrate courts; in Paragraph A, after "administrative office of the courts", added "or the district court chief judge of the judicial district in which the magistrate court is located", after "shall be submitted to the", deleted "director of the administration office of the courts" and added "district court chief judge of the judicial district in which the local rules would apply", and after "approved by the", deleted "director" and added "chief judge"; in Paragraph B, deleted "Forms used or distributed by the magistrate courts shall be submitted to the director of the administration office of the courts and shall not become effective until approved by the director. A party may file a pleading or paper that is substantially in the form approved by the Supreme Court. Forms may be combined." and added new Subparagraphs (1) through (3). The 2007 amendment, approved by Supreme Court Order No. 07-8300-034, effective January 22, 2008, delegated the Supreme Court approval of forms used in the magistrate courts to the director of the Administrative Office of the Courts and provided for forms to be combined.

For civil and criminal forms for the district courts and courts of limited jurisdiction, see Rules 4-101 et seq. and 9-101 NMRA et seq. For magistrate court civil rule relating to the approval of forms, see Rule 2-103 NMRA. For civil forms approved for use in the district and magistrate courts by the Supreme Court, see Form 4-101 NMRA et seq. For the approval of forms used in the metropolitan courts, see Rule 3-102 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Courts § 22 et seq. Power of court to prescribe rules of pleadings, practice or procedure, 110 A.L.R. 22, 158 A.L.R. 705. Constitutionality, construction and application of statutes or rules of court which permit setting aside a plea and giving judgment by default, or dismissing suit, because of disobedience of order, summons or subpoena duces tecum requiring production of documents, 144 A.L.R. 372. Pretrial conference, power of court to adopt general rule requiring, 2 A.L.R.2d 1061. Consent as ground of vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191. Contempt based on violation of court order where another court has issued contrary order, 36 A.L.R.4th 978.