Rule 10-105 - Service and filing of pleadings and other papers by facsimileA.Facsimile copies permitted to be filed. Subject to the provisions of this rule, a party may file a facsimile copy of any pleading or paper by faxing a copy directly to the court or by faxing a copy to an intermediary agent who files it in person with the court. A facsimile copy of a pleading or paper has the same effect as any other filing for all procedural and statutory purposes. The filing of pleadings and other papers with the court by facsimile copy shall be made by faxing them to the clerk of the court at a number designated by the clerk, except if the paper or pleading is to be filed directly with the judge, the judge may permit the papers to be faxed to a number designated by the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Each judicial district shall designate one or more telephone numbers to receive fax filings.B.Facsimile service by court of notices, orders or writs. Facsimile service may be used by the court for issuance of any notice, order or writ. The clerk shall note the date and time of successful transmission on the file copy of the notice, order or writ.C.Paper size and quality. No facsimile copy shall be filed with the court unless it is on plain paper and substantially satisfies all of the requirements of Rule 10-113 NMRA of these rules.D.Filing pleadings or papers by facsimile. A pleading or paper may be filed with the court by facsimile transmission if: (1) a fee is not required to file the pleading or paper;(2) only one copy of the pleading or paper is required to be filed;(3) unless otherwise approved by the court, the pleading or paper is not more than ten (10) pages in length excluding the facsimile cover page; and(4) the pleading or paper to be filed is preceded by a cover sheet with the names of the sender and the intended recipient, any applicable instructions, the voice and facsimile telephone numbers of the sender, an identification of the case, the docket number and the number of pages transmitted.E.Facsimile copy filed by an intermediary agent. Facsimile copies of pleadings or papers filed in person by an intermediary agent are not subject to the restrictions of Paragraph D of this rule.F.Time of filing. If facsimile transmission of a pleading or paper is begun before the close of the business day of the court in which it is being filed, it will be considered filed on that date. If facsimile transmission is begun after the close of business, the pleading or paper will be considered filed on the next court business day. For any questions of timeliness, the time and date affixed on the cover page by the court's facsimile machine will be determinative.G.Service by facsimile. Any document required to be served by Paragraph A of Rule 10-105 NMRA may be served on a party or attorney by facsimile transmission if the party or attorney has:(1) listed a facsimile telephone number on a pleading or paper filed with the court in the action;(2) a letterhead with a facsimile telephone number; or(3) agreed to be served with a copy of the pleading or paper by facsimile transmission. Service by facsimile is accomplished when the transmission of the pleading or paper is completed.
H.Demand for original. A party shall have the right to inspect and copy any pleading or paper that has been filed or served by facsimile transmission if the pleading or paper has a statement signed under oath or affirmation or penalty of perjury.I.Conformed copies. Upon request of a party, the clerk shall stamp additional copies provided by the party of any pleading filed by facsimile transmission.N.M. R. Child. Ct. 10-105
Adopted, effective 1/1/1997; Rule 10-105.1 NMRA recompiled and amended as Rule 10-105 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009. ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, changed "transmission" to "service"; in Paragraph C, changed the reference from Rule 10-103.3 NMRA to Rule 10-113 NMRA; changed the title of Paragraph D from "Pleadings or papers faxed directly to the court" to "Filing pleadings or papers by facsimile"; in Paragraph D, changed "faxed directly to the court" to "filed with the court by facsimile transmission"; in Paragraph D(3), added "unless otherwise approved by the court"; in Paragraph G, changed the title and prefatory sentence from "Transmission by facsimile. A notice, order, writ, pleading or paper may be faxed to a party or attorney who has" to the current title and prefatory sentence; deleted former Paragraph H which provided that proof of service by facsimile must include a statement that the facsimile transmission was reported as complete and without error, the time, date and sending and receiving facsimile machine telephone numbers, and the name of the person who made the facsimile transmission; relettered former Paragraph I as Paragraph H; and added new Paragraph I. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-105.1 NMRA was recompiled as Rule 10-105 NMRA, effective January 15, 2009.