N.M. Prob. Ct. R. 1B-205

As amended through November 1, 2024

Rule 1B-205 - Unsworn affirmations under penalty of perjury

Any written statement in a pleading, paper, or other document that is not notarized shall have the same effect in a probate court proceeding as a notarized written statement, provided that the statement includes the following:

(1) the date that the statement was given;

(2) the signature of the person who gave the statement; and

(3) a written affirmation under penalty of perjury under the laws of the State of New Mexico that the statement is true and correct.

N.M. Prob. Ct. R. 1B-205

Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after12/31/2018.

Committee commentary. - This rule is consistent with the 2014 amendments to Rule 1-011 NMRA of the Rules of Civil Procedure for the District Courts and Rule 23-115 NMRA of the Supreme Court General Rules, which both provide that an unsworn, written affirmation has the same effect in a court proceeding as a notarized written statement as long as the affirmation satisfies the enumerated requirements.

[Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018.]