N.M. R. Civ. P. Dist. Ct. 1-128.2

As amended through November 1, 2024

Rule 1-128.2 - Initiation of collaborative law process; voluntary participation; conclusion; termination; notice of discharge or withdrawal of collaborative lawyer; continuation with successor collaborative lawyer

A.Initiation. A collaborative law process begins when the parties sign a collaborative law participation agreement.

B.Voluntary participation. A tribunal shall not order a party to participate in a collaborative law process over that party's objection.

C.Conclusion. A collaborative law process shall conclude upon the occurrence of any of the following:

(1) resolution of a collaborative matter as evidenced by a signed record;

(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process;

(3) any other method provided in a collaborative law participation agreement for concluding the collaborative law process; or

(4) termination of the process.

D.Termination. A party may terminate a collaborative law process with or without cause, provided that a collaborative law process shall terminate upon the occurrence of any of the following:

(1) when a party gives notice to other parties in a record that the process is ended;

(2) when a party begins a proceeding related to a collaborative matter without the agreement of all parties;

(3) in a pending proceeding related to the matter, when a party

(i) initiates without the agreement of all parties a pleading, motion, order to show cause, or request for a conference with the tribunal; or

(ii) takes similar action without the agreement of all parties requiring notice to be sent to the parties; or

(4) except as otherwise provided by Paragraph F of this rule, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

E.Notice of discharge or withdrawal of a collaborative lawyer. A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

F.Continuation with successor collaborative lawyer. Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty (30) days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by Paragraph E of this rule is sent to the parties,

(1) the unrepresented party engages a successor collaborative lawyer; and

(2) in a signed record,

(a) the parties consent to continue the process by reaffirming the collaborative law participation agreement;

(b) the agreement is amended to identify the successor collaborative lawyer; and

(c) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.

N.M. R. Civ. P. Dist. Ct. 1-128.2

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