N.M. Admin. Code § 13.1.5.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 13.1.5.11 - FILING OF PLEADINGS

A.Opening the docket. A docket shall be opened in the OSI records management system immediately upon the superintendent's determination that the requestor shall be granted a hearing.

(1) The superintendent shall direct that the requestor's original request for hearing be filed to the docket.

(2) The superintendent shall establish the caption for the docket, which caption shall be used thereafter for any matters pertaining to the hearing. The caption shall establish the nature of the matter and shall include the docket number.

(3) Every written document that is submitted to the superintendent or exchanged between the parties for consideration, including pleadings such as motions, responses and objections, all evidentiary documents and any other filings shall include the caption and shall be filed to the docket.

B.Public access. Unless otherwise determined by the superintendent upon consideration of a request by a party for confidentiality, all dockets shall be open for public inspection.

C.Filing restrictions and service.

(1) OSI shall accept filings through mail, facsimile, or electronic mail.

(2) Any item that is filed to the docket shall also be contemporaneously served upon all parties of record and on the hearing officer.

(3) All filings shall include a certificate of service that documents the method of service used. A represented party shall only be served through counsel.

(4) Electronic and in-person filing shall be accepted on business days between 8:00 and 4:00 pm. Pleadings shall be marked as filed on the business day that OSI receives the pleading.

D.Filing requirements.

(1) All motions, except motions made on the record during the hearing or a continuance request made in a genuine unforeseen emergency circumstance (such as an unexpected accident, force majeure, or major medical emergency occurring in such close proximity to the date of the scheduled hearing that a written motion cannot be completed), shall be in writing and shall state with particularity the grounds and the relief sought.

(2) Absent any order to the contrary, no pleading shall exceed 10 pages, excluding the caption and certificate of service, of double-spaced (except for block quotations), 12-point font. Only relevant excerpts of a motion exhibit shall be filed, with the pertinent portions highlighted, underlined, or otherwise emphasized. All exhibits and attachments shall identify the total number of pages, and consecutive page numbers (e.g., "Page 1 of 10"). Only single-sided documents shall be accepted for filing or into a record at a hearing.

E.Request for concurrence. Before submission of any motion, request for relief or request for continuance, the requesting party shall make reasonable efforts to consult with each other party about that party's position on the motion unless the nature of the pleading is such that it can be reasonably assumed the requested relief would be opposed. The moving party shall state the position of each other party in the pleading.

F.Responses to pleadings.

(1) Unless a different deadline has been established by the hearing officer, each non-moving party shall have 14 days to file a written response to a pleading.

(2) If a deadline for filing would fall on a non-business day, the deadline shall be the next business day.

(3) The hearing officer shall have the discretion to extend or shorten the response deadline.

(4) Failure to file a response in opposition may be presumed to be consent to the relief sought.

(5) The hearing officer is not required to make a default ruling on any motion if the relief sought could be contrary to the facts or law on the issues.

G. In the event of a procedural defect or other error with the manner, method, or content of a submitted pleading, the hearing officer or records manager may communicate such error to the filing party and withhold filing of the pleading until the moving party remedies the procedural defect. Examples of a procedural defect include, but are not limited to, failure to certify service, failure to comply with the page limitations, failure to confer with other parties, failure to use the form or follow the specific filing method required by OSI, submission of double-sided documents, failure to properly number pages, failure to use the correct caption of reference the assigned docket number, or failure to comply with an applicable standing order.

N.M. Admin. Code § 13.1.5.11

Adopted by New Mexico Register, Volume XXX, Issue 12, June 25, 2019, eff. 7/1/2019