Rule 23-102 - Clerk of the CourtA.Office and limitation on practice. The office of the clerk shall be located in the Supreme Court building. The clerk shall not practice law in any of the courts of the state.B.Original papers and records. Original papers or records may not be taken from the clerk's office, or from the courtroom, without permission from the clerk.C.Return of borrowed items. Any transcript, brief or other document filed in the Supreme Court and supplied to counsel for use must be returned to the court file in the clerk's office on or before the date of submission of the cause. The clerk shall so require in all cases. A failure of counsel to comply with this rule shall constitute contempt.D.Oral argument. The clerk will make up the calendars for oral arguments of cases giving attorneys at least five (5) days' notice of the setting of cases in which they appear as record counsel.E.Decision of court. Unless otherwise requested by counsel, the clerk will notify one attorney of record on each side of a case of the decision of the Court in the case.F.Copies of opinion. Immediately after an opinion is filed, the clerk will transmit one (1) copy to one counsel of record on each side of the case, without charge.G.Docket entry. The clerk will enter cases on the docket in the order in which opening documents are filed in the clerk's office. The date of the allowance of the appeal or the issuance of the writ of error, together with the name of the judge who tried the case, will also be entered on the docket by the clerk.H.Documents not complying with rules. It shall be the duty of the clerk to enforce the requirements of these rules and the Rules of Appellate Procedure by refusing to file documents not complying therewith.As amended, effective 8/17/1999; as amended by Supreme Court Order No. 22-8300-006, effective 3/30/2022. ANNOTATIONS The 1999 amendment, effective August 17, 1999, in Paragraph A, changed the seat of residence of the clerk from the seat of state government to Santa Fe and the clerk's office will be located in the Supreme Court building; in Paragraph B, documents taken from the courtroom or clerk's office can only be taken with permission from the clerk, not a court order; in Paragraph C, substituted "court file in the clerk's office" for "files"; in Paragraph E, substituted "requested" for "directed" near the beginning of the first sentence, and deleted "result of the" and substituted "in the case" for "therein" near the end; in Paragraph F, substituted "filed" for "rendered in a case" and deleted "thereof"; in Paragraph G, substituted "opening documents" for "the transcripts on appeal and the order granting writs in cases of error"; in Paragraph H, deleted "several" near the beginning and inserted "and the Rules of Appellate Procedure" near the end.
For duties of clerks, see Rule 12-310 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 15A Am. Jur. 2d Clerks of Court § 1 et seq. 21 C.J.S. Court § 236 et seq.