Rule 12-307.1 - Filing and service by facsimileA.Facsimile copies permitted to be filed. Subject to the provisions of this rule, a party may file a facsimile copy of any paper by faxing a copy directly to the court or by faxing a copy to an intermediary agent who files it in person with the court. A facsimile copy of a paper has the same effect as any other filing for all procedural and statutory purposes. The filing of papers with the court by facsimile copy shall be made by faxing them to the clerk of the court at a number designated by the clerk. Each appellate court shall designate one or more telephone numbers to receive fax filings.B.Facsimile service by court of notices, orders or writs. Facsimile service may be used by the court for issuance of any notice, order or writ. The clerk shall note the date and time of successful transmission on the file copy of the notice, order or writ.C.Paper size and quality. No facsimile copy shall be filed with the court unless it is on plain paper and substantially satisfies all of the requirements of Rule 12-305 of these rules.D.Filing by facsimile. A paper may be filed with the court by facsimile transmission if:(1) a fee is not required to file the paper;(2) only one copy of the paper is required to be filed; and(3) the paper to be filed is preceded by a cover sheet with the names of the sender and the intended recipient, any applicable instructions, the voice and facsimile telephone numbers of the sender, an identification of the case, the docket number and the number of pages transmitted.E.Facsimile copy filed by an intermediary agent. Facsimile copies of papers filed in person by an intermediary agent are not subject to the restrictions of Paragraph D of this rule.F.Time of filing. If facsimile transmission of a paper faxed is begun before the close of the business day of the court in which it is being filed, it will be considered filed on that date. If facsimile transmission is begun after the close of business, the paper will be considered filed on the next court business day. For any questions of timeliness, the time and date affixed on the cover page by the court's facsimile machine will be determinative.G.Service by facsimile. Any document required to be served by Paragraph B of Rule 12-307 NMRA may be served on a party or attorney by facsimile transmission if the party or attorney has: (1) listed a facsimile telephone number on a paper filed with the court in the action; or(2) agreed to be served with a copy of the paper by facsimile transmission. Service of a paper by facsimile is accomplished when the transmission is successfully completed.
H.Proof of service by facsimile. Proof of service by facsimile 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:(1) that the paper was served by facsimile transmission; and(2) the date of service and telephone numbers of the sending and receiving facsimile machines. I.Demand for original. A party shall have the right to inspect and copy any paper that has been filed or served by facsimile transmission if the paper has a statement signed under oath or affirmation or penalty of perjury.J.Conformed copies. Upon request of a party, the clerk shall stamp additional copies provided by the party of any paper filed by facsimile transmission.Approved, effective 1/1/1997; as amended, January 1, 2000; as amended by Supreme Court Order No. 06-8300-021, effective 12/18/2006. ANNOTATIONS The 2006 amendment, approved by Supreme Court Order No. 06-8300-021, effective December 18, 2006, deleted "pleading" or "pleadings" in three places in Paragraph A; deleted the provision in Paragraph A for serving a fax copy of a paper on the judge; substituted "service" for "transmission" twice in Paragraph B; rewrote Paragraph D to delete service of "pleadings"; amended Paragraphs E and F to delete "pleadings or" in three places; rewrote Paragraphs G and H; deleted "pleading or" in Paragraph I in two places; and added Paragraph J, relating to conformed copies. The 1999 amendment, effective for cases filed on and after January 1, 2000, deleted Paragraph D(3) and redesignated Paragraph D(4) as present Paragraph D(3).
For filing and service in the district court by facsimile, see Rule 1-005.1 NMRA. For pleadings filed in the district court, see Paragraph A of Rule 1-007 NMRA.