A.Motions and other papers. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.B.Requirement of written motion. All motions, except motions made during trial, or as may be permitted by the court, shall be in writing and shall state with particularity the grounds and the relief sought.C.Unopposed motions. The moving party shall determine whether or not a motion will be opposed. If the motion will not be opposed, an order initialed by opposing counsel shall accompany the motion.D.Opposed motions. The motion shall recite that concurrence of opposing counsel was requested or shall specify why no such request was made. The movant shall not assume that the nature of the motion obviates the need for concurrence from opposing counsel unless the motion is a:(2) motions regarding bonds and conditions of release;(3) motion for new trial;(4) motion for judgment notwithstanding the verdict;(5) motion to suppress evidence; or(6) motion to modify a sentence pursuant to Rule 5-801. Notwithstanding the provisions of any other rule, counsel may file with any opposed motion a brief or supporting points with citations or authorities. Affidavits, statements, depositions or other documentary evidence in support of the motion may be filed with the motion.
E.Response. Unless otherwise specifically provided in these rules, a written response shall be filed within fifteen (15) days after service of the motion. Affidavits, statements, depositions or other documentary evidence in support of the response may be filed with the response. A motion to reduce bond or modify conditions of release shall not require a written response prior to hearing.F.Reply brief. Any reply brief shall be filed within fifteen (15) days after service of any written response. N.M. R. Crim. P. Dist. Ct. 5-120
Approved, effective May 3, 1999. For motions to suppress, see Rule 5-212 NMRA. For pre-trial motions, see Rule 5-601 NMRA. For motion for new trial, see Rule 5-614 NMRA.