N.M. R. Civ. P. Dist. Ct. 1-141
Any determination by the court of persons entitled to notice of the proceedings or access to court records shall be made by a separate, written order. The order shall not address any other matter in the proceeding.
N.M. R. Civ. P. Dist. Ct. 1-141
Committee commentary. - The persons entitled to notice and access to court records in a proceeding under NMSA 1978, Chapter 45, Article 5, Parts 3 and 4, are subject to change throughout the proceeding upon order of the court. See, e.g., NMSA 1978, §§ 45-5-303(K), 45-5-407(N) (providing that a person who is not otherwise entitled to access court records may petition the court for access to court records of the guardianship or conservatorship); NMSA 1978, §§ 45-5-309(C), 45-5-405(C) (providing that notice of a proceeding to appoint a guardian or conservator shall be given, inter alia, to "any other person interested in the alleged incapacitated person's welfare that the court determines"). To assist court staff with identifying such changes, the rule requires the court to file a separate order any time it makes a determination of who is entitled to notice and access to court records.
In addition, an order appointing a guardian or conservator will, in most cases, affect who is entitled to notice and access to court records following the appointment. Before the order of appointment, anyone identified in the petition is entitled to notice and access to court records in the proceeding. See NMSA 1978, §§ 45-5-309(C), 45-5-405(C) (providing that notice of a proceeding on a petition to appoint a guardian or a conservator shall be given to any person required to be listed in the petition under NMSA 1978, Sections 45-5-303(B) and 45-5-404(B) ); §§ 45-5-303(K), 45-5-407(N) (providing that a person entitled to notice may access court records of the proceeding and resulting guardianship or conservatorship). After an order appointing a guardian or conservator, however, the persons entitled to notice and access to court records are limited to the protected person, the guardian or conservator, and any other person the court determines. See NMSA 1978, §§ 45-5-309(D), 45-5-405(D). This rule and Rule 1-140(A) NMRA therefore require the court upon the filing of an order appointing a guardian or conservator to file a separate order to identify each person entitled to notice and access following the filing of the order of appointment. See Form 4-993 NMRA (Order identifying persons entitled to notice or access to court records).
[Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after July 1, 2018.]
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