Rule 5-108 - 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 territory, may upon compliance with Rule 24-106 NMRA, participate in proceedings before New Mexico courts only in association with counsel licensed to practice law and in good standing in New Mexico, who, unless excused by the court, must be present in person in all proceedings before the court. New Mexico counsel must sign the first motion or pleading and New Mexico counsel's name and address must appear on all subsequent pleadings. New Mexico counsel shall be deemed to have signed every subsequent pleading and shall therefore be subject to the provisions of Rule 5-206 NMRA of the Rules of Criminal Procedure for the District Courts.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. Crim. P. Dist. Ct. 5-108
As amended by Supreme Court Order No. 13-8300-040, effective December 31, 2013. ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-040, effective December 31, 2013, required non-admitted lawyers to comply with the rules governing the state bar; subjects New Mexico counsel to the provisions of Rule 5-206 NMRA; in Paragraph A, in the first sentence, after "state or territory, may", added "upon compliance with Rule 24-106 NMRA"; and in the third sentence, after "subject to the provisions of Rule", deleted "1-011" and added "5-206 NMRA" and after "Rules of", deleted "Civil" and added "Criminal". Local counsel and nonadmitted counsel each held in contempt of court for not complying with requirement that local counsel be present in court in all proceedings, even though trial court did not require local counsel to appear. State v. White, 1984-NMCA-033, 101 N.M. 310, 681 P.2d 736. Local counsel's failure to attend trial with nonadmitted counsel held not ineffective assistance. - There was no per se ineffective assistance of counsel where defendant admits no errors by counsel except that local counsel did not attend trial with nonadmitted counsel as required. State v. White, 1984-NMCA-033, 101 N.M. 310, 681 P.2d 736.