N.M. R. Mun. Ct. P. 8-103

As amended through November 1, 2024

Rule 8-103 - Rules; forms; fees

A.Rules.

(1) Each municipal court or division thereof may from time to time make and amend rules governing its practice not inconsistent with law or these rules. Such rules may relate to office hours and procedures, to the performance of clerical duties by clerical assistants and to other procedures for effecting a just, speedy and inexpensive determination of causes pending before such court.

(2) To be effective any rule promulgated by a municipal court and any amendments thereto shall be filed with the clerk of the court and made readily available to members of the public.

B.Forms. Supreme Court forms used or distributed by the municipal courts shall be in the form approved by the Supreme Court. If particular issues or concerns are not addressed by existing Supreme Court forms, a municipal court may create new forms to address those needs, provided that the new forms are not inconsistent with existing Supreme Court forms. A party may file a pleading or paper that is substantially in the form approved by the Supreme Court. Forms may be combined.

C.Costs or fees prohibited. No costs or fees of any kind shall be collected by any court for any filing or proceeding under Rule 8-105 or 8-106 NMRA.

N.M. R. Mun. Ct. P. 8-103

As amended, effective 1/1/1987; as amended by Supreme Court Order 07-8300-034, effective 1/22/2008; as amended by Supreme Court Order No. 08-8300-047, effective 12/31/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-047, effective December 31, 2008, in Paragraph B, changed the first sentence from "Forms used in the municipal court shall be substantially in the form approved by the supreme court" to "Supreme Court forms used or distributed by the municipal court shall be in the form approved by the Supreme Court." and added the last three sentences. The 2007 amendment, approved by Supreme Court Order No. 07-8300-034, effective January 22, 2008, in Paragraph B deleted "substantially" preceding "in the form"; added the second sentence to permit pleadings or papers to be filed when prepared substantially in the form approved by the Supreme Court; and added the last sentence relating to the combination of forms.

For criminal forms approved for use in the district and magistrate courts by the Supreme Court, see Rule 9-101 NMRA et seq. For the approval of forms used in the district courts, see Rule 5-102 NMRA. For the approval of forms used in the magistrate courts, see Rule 6-103 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Courts § 24 et seq.