A.Filing by a party. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court. "Filing" shall include filing a facsimile copy or filing an electronic copy as may be permitted under Rule 12-307.1 NMRA or Rule 12-307.2 NMRA. If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court. Filing by mail is not complete until actual receipt. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.B.Service of all papers required. Copies of all papers filed by any party and not required by these rules to be served by the clerk shall be served by such party or person acting for the party on all other parties to the proceeding. Service shall be made at or before the time of filing the paper with the court.C.Service; how made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney's or party's last known address. Service by mail is complete upon mailing.D.Definitions. As used in this rule: (1) "Delivering a copy" means: (a) handing it to the attorney or to the party;(b) sending a copy by facsimile or electronic transmission when permitted by Rule 12-307.1 NMRA or Rule 12-307.2 NMRA;(c) leaving it at the attorney's or party's office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place in the office;(d) if the attorney's or party's office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing there; or(e) leaving it at a location designated by the court for serving papers on attorneys, if the following requirements are met:(i) the court, in its discretion, chooses to provide such a location; and(ii) service by this method has been authorized by the attorney, or by the attorney's firm, organization, or agency on behalf of the attorney. (2) "Mailing a copy" means sending a copy by first class mail with proper postage. E.Proof of service. Except as provided in Rules 12-307.1 and 12-307.2 NMRA, proof of service shall be in the form of written acknowledgment of service by the person served, certificate of the clerk of the court or of the attorney making service, or affidavit of any other person. It shall state the manner and date of service, the names of the persons served, and the addresses used for service. Such proof of service shall be filed with the papers or immediately after service is effected.F.Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the manner of service. For purposes of Rule 12-308(B) NMRA, papers served by the court shall be deemed served by mail, regardless of the actual manner of service, unless the court's certificate of service unambiguously states otherwise. The court may, in its discretion, serve papers in accordance with the method described in Subparagraph (D)(1)(e) of this rule.G.Filing and service by an inmate. The following provisions apply to documents filed and served by an inmate confined to an institution: (1) If an institution has a system designed for legal mail, the inmate shall use that internal mail system to receive the benefit of this rule. (2) The document is timely filed if deposited in the institution's internal mail system within the time permitted for filing.(3) Whenever service of a document on a party is permitted by mail, the document is deemed mailed at the time of deposit in the institution's internal mail system addressed to the parties on whom the document is served.(4) The date of filing or mailing may be shown by a written statement, made under penalty of perjury, showing the date on which the document was deposited in the institution's internal mail system.(5) A written statement under Subparagraph (4) of this paragraph establishes a presumption that the document was filed or mailed on the date indicated in the written statement. The presumption may be rebutted by documentary or other evidence.(6) Whenever an act must be done within a prescribed period after a document has been filed or served under this paragraph, that period shall begin to run on the date the document is received by the party.As amended, effective 7/1/1990;8/1/1992;9/1/1995;4/1/1998;6/15/2000;10/11/2005; as amended by Supreme Court Order No. 06-8300-021, effective 12/18/2006; as amended by Supreme Court No. 14-8300-016, effective for all cases pending or filed on or after12/31/2014.Committee commentary. - Paragraph G governs the filing and service of documents by an inmate confined to an institution. A court generally will not consider pro se pleadings filed by an inmate who is represented by counsel. See, e.g., State v. Martinez, 1981-NMSC-016, ¶ 3, 95 N.M. 421, 622 P.2d 1041 (providing that no constitutional right permits a defendant to act as co-counsel in conjunction with the defendant's appointed counsel); State v. Boyer, 1985-NMCA-029, ¶ 15, 103 N.M. 655, 712 P.2d 1 (explaining that "once a defendant has sought and been provided the assistance of appellate counsel, that choice binds the defendant, absent unusual circumstances" (citation omitted)).
[Adopted by Supreme Court Order No. 14-8300-016, effective for all cases pending or filed on or after December 31, 2014.]
. ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-016, effective December 31, 2014, authorized the court to designate a place of service on attorneys; provided for the filing and service of orders and notices by the court; provided for the filing and service of documents by an inmate; in the title, deleted "Filing and service" and added the current title; in Paragraph A, in the title, added "by a party", deleted the former third sentence which provided that a paper filed by electronic means constituted a written paper, and added the current third sentence; in Paragraph C, in the second sentence, after "last known address", deleted "or, if no address is known, by leaving it with the clerk of the court"; in Paragraph D (1), at the beginning of the sentence, changed "delivery of" to "Delivering"; in Paragraph D (1)(c), after "in a conspicuous place", deleted "therein" and added "in the office"; added Paragraph D (1)(e); and added Paragraphs F and G. The 2006 amendment, approved by Supreme Court Order No. 06-8300-021, effective December 18, 2006, rewrote Paragraph A; deleted the second and third sentences of Paragraph B relating to service upon the attorney of record; added Paragraphs C and D; redesignated former Paragraph C as Paragraph E; and amended the new Paragraph E to add the exception at the beginning of the rule. The 1993 amendment, effective September 1, 1993, substituted "the party if the party" for "the party himself if he" in the second sentence of Paragraph B and in the first sentence of Paragraph C.
For service and filing of pleadings in the district court, see Rule 1-005 NMRA. For federal rule, see Fed. R. App. P. Rule 25. For comparable federal rule, see Rule 25 of the Federal Rules of Appellate Procedure. Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review §§ 325, 571 et seq. Consequences of prosecution's failure to file timely brief in appeal by accused, 27 A.L.R.4th 213. 4 C.J.S. Appeal and Error § 1 et seq.