Rule 1-129 - Proceedings under the Family Violence Protection ActA.First petition. The first petition filed between two parties for an order of protection under the Family Violence Protection Act, Sections 40-13-1 to -12 NMSA 1978, shall proceed under these rules as they apply to all civil proceedings. For the purposes of this rule, the proceeding arising from the first petition shall be referred to as the original proceeding.B.Subsequent petition. Any subsequent petition filed under the Family Violence Protection Act by either of the parties named in the first petition against the other party named in the first petition shall be filed as part of the original proceeding and shall not open a new proceeding under Paragraph A of this rule. (1)Pending proceedings. If the original proceeding is pending or subject to the court's jurisdiction at the time that the subsequent petition is filed, the subsequent petition shall be treated as a pleading or paper in the original proceeding. (2)Closed proceedings. If the original proceeding has been closed at the time that the subsequent petition is filed, the court clerk shall re-activate the case number assigned to the first petition and return the new matter to the judge who presided over the original proceeding or to that judge's successor. C.Caption. After the court clerk has assigned a case number to the first petition, all subsequent pleadings and papers filed in the proceeding, including a subsequent petition under Paragraph B of this rule, shall use the same case number.N.M. R. Civ. P. Dist. Ct. 1-129
Approved by Supreme Court Order No. 17-8300-028, effective for all petitions filed on or after12/31/2017.