N.M. R. Child. Ct. 10-106

As amended through November 1, 2024

Rule 10-106 - Electronic service and filing of pleadings and other papers

A.Definitions. As used in these rules:

(1) "electronic transmission" means the transfer of data from computer to computer other than by facsimile transmission; and

(2) "document" includes the electronic representation of pleadings and other papers.

B.Service by electronic transmission. Any document required to be served by Paragraph A of Rule 10-104 NMRA may be served on a party or attorney by electronic transmission of the document if the party or attorney has agreed to be served with pleadings or papers by electronic mail. Electronic service is accomplished when the transmission of the pleading or paper is completed. If within two (2) days after service by electronic mail, a party served by electronic mail notifies the sender of the electronic mail that the pleading or paper cannot be read, the pleading or paper shall be served by any other method authorized by Rule 10-104 NMRA designated by the party to be served.

C.Service by electronic transmission by the court. The court may serve any document by electronic service to an attorney or party pursuant to Paragraph B of this rule and to any other person who has agreed to receive documents by electronic transmission.

D.Filing by electronic transmission. Documents may be filed with the court by electronic transmission in accordance with this rule, if:

(1) the Supreme Court has adopted technical specifications for electronic transmission; and

(2) the court in which documents are filed by electronic transmission has complied with the technical specifications for electronic transmission adopted by the Supreme Court.

E.Single transmission. Whenever a rule requires multiple copies of a document to be filed only a single transmission is necessary.

F.Time of filing. For purposes of filing by electronic transmission, a "day" begins at 12:01 a.m. and ends at midnight.

If electronic transmission of a document is received before midnight on the day preceding the next business day of the court it will be considered filed on the immediately preceding business day of the court. For any questions of timeliness, the time and date registered by the court's computer will be determinative.

G.Demand for original. A party shall have the right to inspect and copy any document that has been filed or served by electronic transmission if the document has a statement signed under oath or affirmation or penalty of perjury.

H.Conformed copies. Upon request of a party, the clerk shall stamp additional copies provided by the party of any pleading filed by electronic transmission.

[Approved, effective July 1, 1997; Rule 10-105.2 NMRA recompiled and amended as Rule 10-106 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]

N.M. R. Child. Ct. 10-106

Adopted by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

Committee commentary. - This rule anticipates electronic filing and mirrors the analogous Rule of Civil Procedure. See Rule 1-005.2 NMRA.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph B, deleted the former title and rule which required the clerk of the Supreme Court to maintain a register of attorneys who agree to accept documents by electronic transmission which included the attorney's name and preferred electronic mail address, and added the current rule; in Paragraph C, added "Service by" to the title, changed "transmission" to "service" and changed "to an attorney registered pursuant to Paragraph B" to "to an attorney or party pursuant to Paragraph B"; in Paragraph B, changed "filed by electronic transmission" to "filed with the court by electronic transmission" and deleted "and any technical specifications for electronic transmission"; in Paragraph D(1), deleted "in any court that has adopted the technical specification for electronic transmission" and added the current language; in Paragraph D(2), deleted "if a fee is not required or if payment is made at the time of filing" and added the current language; in Paragraph F, deleted the former rule which provided that service pursuant to Rule 10-005 NMRA may be made by electronic transmission on any attorney who is registered and on any other person who has agreed to service by electronic transmission, and added the current rule, changed "the close of the business day of the court in which it is being filed, it will be considered filed on that date. If electronic transmission is received after the close of business, the document will be considered filed on the nest business day" to "midnight on the day preceding the next business day of the court it will be considered filed on the immediately preceding business day"; deleted the letter and title of former Paragraph G; relettered former Paragraph H as Paragraph G; deleted former Paragraph I which required that proof of electronic transmission be made by certificate which include the name of the person who sent the document, the time, date and electronic address of the sender, the electronic address of the recipient, and a statement that the electronic transmission was successful; and added Paragraph H. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-105.2 NMRA was recompiled as Rule 10-106 NMRA, effective January 15, 2009.