N.M. R. Child. Ct. 10-168

As amended through August 23, 2024

Rule 10-168 - Rules and forms

A.Approval procedure. Each district court may from time to time recommend to the Supreme Court local rules governing its practice in children's court cases. Copies of proposed local rules and amendments shall be submitted to the Supreme Court and to the chair of the Supreme Court's Local Rules Committee ("the committee") for review. If the proposed local rule amends an existing local rule, a mark-up copy shall be submitted to the Supreme Court and the committee. The committee shall review any proposed local rule for content, appropriateness, style, and consistency with the other local rules, statewide rules and forms, and the laws of New Mexico, and shall advise the Supreme Court and the chief judge of the district of its opinion and recommendation regarding the proposed rules. Local rules and forms shall not conflict with, duplicate, or paraphrase statewide rules or statutes. The committee shall consult with the chief judge, or the chief judge's designee, regarding any revisions recommended by the committee. Following the consultation, the committee shall report its recommendations to the Supreme Court, and shall bring to the Court's attention any differences of opinion between the committee and the chief judge. No local rule shall take effect unless

(1) approved by an order of the Supreme Court;

(2) filed with the clerk of the Supreme Court; and

(3) published in accordance with Rule 23-106(L)(9) and (10) NMRA.

B.Definition. A "local rule" whether called a rule, order, or other directive, is a rule which governs the procedure in a judicial district in proceedings under the Children's Code. An order, which is consistent with local rules, statewide rules and forms, and the laws of New Mexico, that is entered in an individual case and served on the parties shall not be considered a local rule.

C.Applicability. This rule shall not apply to technical specifications for electronic transmission adopted by a district court to permit electronic transmission of documents to the court if the technical specifications are limited to the form of the documents to be transmitted and are consistent with any technical specifications approved by the Supreme Court and the provisions of Rule 10-106 NMRA.

D.Periodic review of local rules required. Every two years beginning on January 1, 2019, the chief judge of each odd-numbered judicial district shall review the district's local rules and submit a report to the committee identifying any local rules that are no longer needed by the district and confirming that the district's local rules do not conflict with, duplicate, or paraphrase statewide laws, rules, and forms. Every two years beginning on January 1, 2020, the chief judge of each even-numbered judicial district shall review the district's local rules and submit a report to the committee identifying any local rules that are no longer needed by the district and confirming that the district's local rules do not conflict with, duplicate, or paraphrase statewide laws, rules, and forms. The committee shall review each report submitted under this paragraph and submit a recommendation to the Supreme Court by June 30 of the year the report was submitted for any proposed changes to the district's local rules that may be warranted.

N.M. R. Child. Ct. 10-168

Adopted by Supreme Court Order No. 16-8300-015, effective for all cases pending or filed on or after12/31/2016.