N.M. R. Civ. P. Magist. Ct. 2-111

As amended through August 23, 2024

Rule 2-111 - Audio and audio-visual appearances of party

A.When permitted. The court may permit parties or attorneys to appear through the use of a simultaneous audio or audio-visual communication or may on its own motion use such communication for a civil proceeding when it will legitimately serve the interests of justice considering, among other issues, the economic needs of the parties and the probable length of the proceeding. When an appearance through the use of an audio or audio-visual communication is conducted, the court may require the party requesting to appear by audio or audio-visual communication to pay the expense of the communication. Prior to an audio or audio-visual appearance, the party or attorney shall file with the court a written request to appear by audio or audio-visual communication substantially in the form approved by the Supreme Court. The judge shall conduct any audio or audio-visual proceeding in a place open to the public.

B.Conduct of audio-visual proceedings. The following conditions must be met for any audio-visual proceeding conducted under Paragraph A of this rule:

(1) a party and the party's attorney, if any, shall have the ability of private, unrecorded communication;

(2) the judge, legal counsel, if any, and the party shall be able to hear, see, and communicate with each other through a two-way audio-visual communication between the court and any remote location; and

(3) the proceedings shall be conducted in a place open to the public, including a place where through the use of audio-visual equipment, members of the public may simultaneously see and hear the proceedings contemporaneously with the judge.

C.Appearance. Any appearance under this rule constitutes an appearance in open court.

N.M. R. Civ. P. Magist. Ct. 2-111

Approved, effective 11/1/2000; as amended by Supreme Court Order No. 13-8300-029, effective for all cases filed or pending on or after12/31/2013.

ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-029, effective December 31, 2013, expanded the rule to include auto-visual appearances; provided the procedure for requesting an audio or audio-visual appearance; prescribed the required conditions for audio or audio-visual appearances; deleted former Paragraph A, which permitted the court to hear matters by telephone conference calls; deleted former Paragraph B, which provided that telephonic hearings and appearances by witness required the prior approval of the court; deleted former Paragraph C, which required the party requesting a telephone conference call to pay the cost of the call; and added current Paragraphs A, B, and C.