N.M. R. Civ. P. Dist. Ct. 1-128.13

As amended through August 23, 2024

Rule 1-128.13 - Authority of tribunal in case of noncompliance

Notwithstanding a failure to comply with Rules 1-128.1, - 128.9, or -128.10 NMRA, a tribunal may enforce an agreement, apply the disqualification provisions of Rule 1-128.6 NMRA, or apply a privilege under Rule 1-128.12 NMRA when the tribunal concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:

A. the parties signed a record indicating an intent to enter into a collaborative law participation agreement;

B. the parties reasonably believed they were participating in a collaborative law process; and

C. the interests of justice require finding that the parties were participating in a collaborative law process.

N.M. R. Civ. P. Dist. Ct. 1-128.13

Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after12/31/2016.