A.Contents. The answer of the respondent-attorney shall contain the following: (1) a brief and plain statement by the respondent-attorney reflecting the respondent-attorney's admissions, denials and any other relevant and material matter that the respondent-attorney wishes to convey concerning each of the factual charges against the respondent-attorney;(2) any matter in mitigation; and(3) the names and addresses of the witnesses that the respondent-attorney proposes to call in the respondent-attorney's defense.B.Filing and service. Within twenty (20) days after service of the specification of charges, the respondent-attorney may file an answer to the charges. The answer shall be filed with the chair of the hearing committee. Copies shall be served upon the members of the designated hearing committee and opposing counsel. Service may be by mail.C.Failure to answer. If the respondent-attorney fails to answer the charges within twenty (20) days, in accordance with Paragraph B, or if the charges are not specifically denied in the answer, the charges will be deemed admitted. In this event, the sole issue to be determined by the hearing committee shall be the nature of the committee's recommendation to the Disciplinary Board after consideration of any facts in aggravation or mitigation of the respondent-attorney's misconduct.N.M. R. Gov. Disc. 17-310
As amended, effective 5/1/1986; as amended by Supreme Court Order No. 06-8300-032, effective 1/15/2007. ANNOTATIONS The 2006 amendment, approved by Supreme Court Order No. 06-8300-032, effective January 15, 2007, revised Subparagraph (2) of Paragraph A to delete the former requirement that matters in mitigation be included in the answer only when the matters in mitigation were in connection with admitted violations. Failure to answer. - The language of Paragraph C is mandatory and applies to all allegations in the specification of charges, not merely the factual allegations. Once an attorney has failed to deny the charges, the only task for the hearing committee is to hear evidence in aggravation or mitigation and recommend an appropriate sanction. This is not to say that a hearing committee may never set aside a finding that an attorney is in default and permit the filing of a belated answer. The hearing committee or the board may, for good cause shown, set aside a finding of default pursuant to Rules 1-055C and 1-060 NMRA. In re Roberts-Hohl, 1994-NMSC-004, 116 N.M. 700, 866 P.2d 1167; In re Krob, 1997-NMSC-037, 123 N.M. 652, 944 P.2d 881. Am. Jur. 2d, A.L.R. and C.J.S. references. - 7A C.J.S. Attorney and Client § 97.