A.Requirement of written motion; time for filing. All motions, except motions made during trial, or as may be permitted by the court, shall be in writing and shall state with particularity the grounds and the relief sought. All pre-adjudicatory motions shall be filed at least twenty-five (25) days prior to any adjudicatory hearing except by leave of court.B.Unopposed motions. The moving party shall determine whether or not a motion will be opposed. If the motion will not be opposed, an order approved by all other counsel and parties pro se shall accompany the motion.C.Opposed motions. The motion shall recite that concurrence of all other counsel and parties pro se was requested or shall specify why no such request was made. The movant shall not assume that the nature of the motion obviates the need for seeking concurrence unless the motion is a: (2) motion for new trial;(3) motion for judgment notwithstanding the verdict;(4) motion for summary judgment in an abuse or neglect proceeding or in a termination of parental rights proceeding;(5) motion for an ex parte custody order in an abuse or neglect proceeding; or(6) motion for relief from a final judgment, order or proceeding in an abuse or neglect proceeding or a termination of parental rights proceeding pursuant to Paragraph B of Rule 1-060 NMRA of the Rules of Civil Procedure for the District Courts. Notwithstanding the provisions of any other rule, counsel may file with any opposed motion a brief or supporting points with citations or authorities. If the motion requires consideration of facts not of record, the moving party shall file copies of all affidavits, depositions or other documentary evidence to be presented in support of the motion. Motions to amend pleadings shall have attached the proposed pleading. A motion for judgment on the pleadings presenting matters outside the pleading shall comply with Rule 1-056 NMRA of the Rules of Civil Procedure for the District Courts. A motion for new trial in a neglect or abuse, termination of parental rights or delinquency proceeding shall comply with Rule 10-146 NMRA of these rules. D.Response. Unless otherwise specifically provided in these rules or by the Children's Code, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within ten (10) days after service of the motion. A motion for new trial in a delinquency proceeding shall comply with Rule 5-614 NMRA of the Rules of Criminal Procedure for the District Courts. E.Reply brief. Any reply brief shall be filed within five (5) days after service of any written response.F.Request for hearing. A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court. N.M. R. Child. Ct. 10-111
Adopted, effective 9/1/1995;5/1/1998; Rule 10-103.1 NMRA recompiled and amended as Rule 10-111 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. 12-8300-024, effective for all cases filed or pending on or after1/7/2013.Committee commentary. - The time lines in this rule may be modified by the court as required. Attorneys seeking an expedited hearing must include the request for expedited hearing with the motion when it is filed.
[Adopted by Supreme Court Order No. 12-8300-024, effective for all cases filed or pending on or after January 7, 2013.]
ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-024, effective January 7, 2013, reduced the time for filing a response and a reply brief; required a request for a hearing to be filed at the time an opposed motion is filed; in Paragraph A, changed "at least ten (10)" to "at least twenty-five (25)"; in Paragraph D, in the first sentence, after "shall be filed within", deleted "fifteen (15)" and added "ten (10)" and in the second sentence, after "shall comply with", deleted "Rule 5-604" and added "Rule 5-614"; in Paragraph E, after "shall be filed within" deleted "fifteen (15)" and added "five (5)"; and added Paragraph E. The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph B, changed "an order initialed by opposing counsel shall accompany the motion" to "an order approved by all other counsel and parties pro se shall accompany the motion"; in Paragraph C, changed "concurrence of opposing counsel was requested" to "concurrence of all other counsel and parties pro se was requested" and changed "motion obviates the need for concurrence unless the motion" to "motion obviates the need for seeking concurrence unless the motion"; and in the second paragraph of Paragraph C, changed "termination of parental rights proceeding" to "termination of parental rights or delinquency proceeding" and changed the reference from Rule 1-059 NMRA of the Rules of Civil Procedure for the District Courts to Rule 10-147 NMRA. The 1998 amendment, effective May 1, 1998, redesignated former Subparagraph C(5) as C(6) and added new Subparagraph C(5). Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-103.1 NMRA was recompiled as Rule 10-111 NMRA, effective January 15, 2009. Compiler's notes. - For comparable District Court rule, see Rule 1-007.1 NMRA. As a general rule, a motion to suppress evidence is not required to be made before trial and may be made at trial. State v. Katrina G., 2008-NMCA-069, 144 N.M. 205, 185 P.3d 376.