Rule 1-089.1 - Nonadmitted and nonresident counselA.Nonadmitted counsel. Except as otherwise provided in Paragraph C of this rule, counsel not admitted to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or country, may upon compliance with Rule 24-106 NMRA, participate in proceedings before New Mexico courts only in association with counsel licensed to practice law in good standing in New Mexico, who, unless excused by the court, must be present in person in all proceedings before the court. Nonadmitted counsel shall state by affidavit that they are admitted to practice law and are in good standing to practice law in another state or country and that they have complied with Rule 24-106 NMRA. The affidavit shall be filed with the first paper filed in the court, or as soon as practicable after a party decides on representation by nonadmitted counsel. Upon filing of the affidavit, nonadmitted counsel shall be deemed admitted subject to the other terms and conditions of this paragraph. A separate motion and order are not required for the participation of nonadmitted counsel. New Mexico counsel must sign the first motion or pleading and New Mexico counsel's name and address must appear on all subsequent papers or pleadings. New Mexico counsel shall be deemed to have signed every subsequent pleading and shall therefore be subject to the provisions of Rule 1-011 NMRA. For noncompliance with Rule 24-106 NMRA or this rule, or for other good cause shown, the court may issue an appropriate sanction including termination of the attorney's appearance in any proceeding.B.Nonresident counsel licensed in New Mexico. In order to promote the speedy and efficient administration of justice by assuring that a court has the assistance of attorneys who are available for court appointments, for local service, for docket calls and to prevent delays of motion hearings and matters requiring short notice, the court may require a nonresident counsel licensed to practice and in good standing in New Mexico to associate resident New Mexico counsel in connection with proceedings before the court.C.Discovery matters; counsel not licensed in New Mexico. Counsel who are not New Mexico residents and who are not licensed to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or territory may, without associating New Mexico counsel, participate in discovery proceedings which arise out of litigation pending in another state or territory. However, in a specific proceeding, the court may require association of New Mexico counsel.N.M. R. Civ. P. Dist. Ct. 1-089.1
As amended, effective 10/15/1986;1/20/2005; as amended by Supreme Court Order No. 13-8300-040, effective 12/31/2013. ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-040, effective December 31, 2013, authorized the court to impose sanctions for failure to comply with rules applicable to non-admitted counsel, including termination of the attorney's appearance; and in Paragraph A, in the last sentence, after "For", deleted "good cause shown, the court may revoke the privilege granted by this rule of any attorney not licensed to practice law in New Mexico to appear in any proceeding" and added the remainder of the sentence. The 2004 amendment, effective January 20, 2005, in Paragraph A, substituted "country, may upon compliance with Rule 24-106 NMRA" for "territory may" in the first sentence, inserted the second, third, fourth, and fifth sentences, and relocated the former third sentence to be the present last sentence and substituted "by this rule" for "herein" in that sentence.