N.M. Sup. Gen. R. 23-106
ANNOTATIONS The 2022 amendment, approved by Supreme Court Order No. 22-8300-038, effective December 31, 2022, provided that the committee chair or committee staff has the discretion to excuse a committee member's absence if the committee member provides a written request for the excusal, removed provisions stating that after a committee member's absence from two consecutive committee meetings, the committee chair or the committee staff shall notify the committee member that a third consecutive absence shall be deemed to be a resignation from the committee, removed the Board of Legal Specialization from an existing list of standing committees; in Paragraph E, deleted "Upon a committee member's absence from two (2) consecutive committee meetings, the committee member shall receive notice from the chair or committee staff that a third consecutive absence shall be deemed to be a resignation from the committee under the provisions of this paragraph. Any failure to receive the foregoing notice notwithstanding", and added "The committee chair or committee staff may excuse an absence at their discretion, if the absent committee member provides a written request for the excusal. Any"; and in Paragraph J, deleted Subparagraph J(9) and redesignated the succeeding subparagraphs accordingly. The 2017 amendment, approved by Supreme Court Order No. 17-8300-026, effective December 31, 2017, provided rules committee chairs with the power to appoint subcommittees, added the Judicial Performance Evaluation Commission to the list of standing committees to which the Board of Bar Commissioners may appoint a liaison, added limitations to the role of state bar representatives on standing committees, and revised the list of standing committees and their functions; in Paragraph C, in the heading, after "Chairperson", added " duties; subcommittees", and added the last two sentences of the paragraph; in Paragraph F, after "appointed to the", added "Judicial Performance Evaluation Commission", after "general", deleted "board", and after "participate in", added "executive sessions and other confidential proceedings or in"; and in Paragraph J, Subparagraph J(1), deleted "Courts of Limited Jurisdiction Rules Committee, which is responsible for the Rules of Civil Procedure for the Magistrate Courts, the Rules of Criminal Procedure for the Magistrate Courts, the Rules of Procedure for the Municipal Courts, and the civil and criminal forms for the magistrate and municipal courts" and added the new language of the subparagraph, in Subparagraph J(2), deleted "Rules of Civil Procedure for the District Courts Committee, which is responsible for the Rules of Civil Procedure for the District Courts, and the civil forms for the district courts" and added the new language of the subparagraph, deleted former Subparagraph J(7), which provided for the Rules of Criminal Procedure for the District Courts Committee, and redesignated former Subparagraphs J(8) through J(15) as Subparagraphs J(7) through J(14), respectively, deleted former Subparagraph J(16), which provided for the Metropolitan Courts Rules Committee, and redesignated former Subparagraphs J(17) and J(18) as Subparagraphs J(15) and J(16), respectively, deleted Subparagraph J(19), which provided for the Joint Committee on Rules of Procedure for New Mexico State Courts, and redesignated former Subparagraph J(20) as Subparagraph J(17), and deleted former Subparagraph J(21), which provided for the Probate Court Rules Committee. The 2015 amendment, approved by Supreme Court Order No. 15-8300-016, effective December 31, 2015, redefined "absence" for purposes of committee participation, removed the strict schedule and procedure for the rules committees' rulemaking activity, and made stylistic changes throughout; in Paragraph A, after "As used in this rule", added "and in Rule 23-106.1 NMRA", in Paragraph E, after "an absence", deleted "includes instances when a regularly scheduled committee meeting is canceled for lack of a quorum under Paragraph I of this rule, except for those members who indicated their intent to attend the meeting before it was canceled" and added "shall be defined as" and added Subparagraphs (1) and (2); deleted Paragraph J relating to requests for rule changes; deleted Paragraph K relating to rule-making schedules; deleted Paragraph L relating to requirements for rules committee recommendations to the Supreme Court; redesignated Paragraphs M and N as Paragraphs J and K, respectively; in various subparagraphs throughout Paragraph J changed "pursuant to those rules" to "under those rules"; and in Paragraph K, after "provisions of this rule", deleted "by the Supreme Court", and after "Supreme Court", added "or the validity of any action taken by a committee that is approved by the Supreme Court". The 2014 amendment, approved by Supreme Court Order No. 14-8300-018, effective December 31, 2014, added a three year term for standing committee members to provide for staggered terms; provided that liaisons to the Disciplinary Board or the Board of Bar Examiners may not participate in pending disciplinary or admission matters; eliminated the scheduling restrictions on consideration of rule changes submitted after July 1; provided a list of rule changes that are eligible for annual rule-making concerning uniform jury instructions; increased the comment period on proposed rule changes to thirty days; provided that the Disciplinary Board for the Rules Governing the Unauthorized Practice of Law and the Probate Court Rules Committee are standing committees; in Paragraph D, in the third sentence, after "two (2), and", added "three (3)-year", and in the fourth sentence, after "assigned to one (1) or", added "two (2)-year"; in Paragraph F, in the second sentence, after "Disciplinary Board", added "or Board of Bar Examiners" and after "pending disciplinary", added "or admission"; in Paragraph H, in the second sentence, after "duties of the chair", deleted "taking notes of the committee's action"; in Paragraph I, in the fifth sentence, after "member who is present", deleted "and voting"; in Paragraph K, changed "Subparagraph 4" to "Subparagraph 5" throughout; in Paragraph K (1), deleted former Subparagraph (a) which provided that rule change requests submitted after July 1 could not be considered until July 1 of the following year; in the current Subparagraph (a), after "January 1 of the", deleted "following" and added "next"; in Paragraph K (1)(c), after "July 1 of the", deleted "following" and added "next"; in Paragraph K (2), in the introductory sentence, after "Probate Court", added "Rules and"; deleted former Paragraph K (2)(a) which provided that rule change requests submitted after July 1 in an odd-numbered year could not be considered until July 1 of the next odd-numbered year; in Paragraph K (3), in the title, after "evidence rules", deleted "and all other rule changes" and added "and ethics rules; changes", and in the introductory sentence, after "Rules of Evidence", deleted "and all other rule sets listed in Subparagraphs (1) or (2) of this paragraph" and added "the Rules of Professional Conduct, and the Code of Judicial Conduct", and after "the following", added "two (2)-year"; deleted former Paragraph K (3)(a) which provided that rule change requests submitted after July 1 in an even-numbered year could not be considered until July 1 of the next even-numbered year; added Paragraph K (4); in Paragraph L (4), in the first sentence, deleted "Upon completion of formatting the" and added "The"; in Paragraph L (6), in the second sentence, after "comment period shall be", deleted "at least three (3) weeks)" and added "thirty (30) days, unless otherwise ordered by the Court"; in Paragraph M (13), after "Rules Governing Discipline", added "the Rules Governing the Unauthorized Practice of Law"; and added Paragraph M (21). The 2012 amendment, approved by Supreme Court Order No. 12-8300-036, effective July 1, 2013, provided that members appointed to complete an unexpired term of a prior member may be appointed to two full three year terms; provided that an absence includes failure of a member to indicate intent to attend a meeting that is cancelled for lack of a quorum; provided the procedure for requesting rule changes; established rule making procedures; in the title of rule, after "committees", added "and rule-making procedures"; in Paragraph D, in the fourth sentence, after "a one or two-year term", added "or who are appointed to complete the remainder of an unexpired term of a prior member", and after "reappointed to two (2) full", added "three (3)-year", and in the fifth sentence, after "serve for more than two (2) full", added "three (3)-year"; in Paragraph E, added the last sentence; in Paragraph J, deleted the former title of the paragraph "Rule-making Procedure" and added the new title, added the second sentence, and in the third sentence, deleted "Committees may make rule change recommendations to the Court on their own motion or upon the request of the Court" and added "Rule change requests may be filed by the Court's rules committees"; and Paragraph K; in Paragraph L, added the title of the paragraph; and in Paragraph M, added Subparagraph (20). The 2010 amendment, approved by Supreme Court Order No. 10-8300-014, effective May 10, 2010, in the title of the rule, added the word "rules"; in Paragraph A, in the first sentence, after "standing committees and" deleted "special or temporary" and added "ad hoc"; after "ad hoc committees to" added "assist the Court with its rule-making function and to"; after "recommends to the Court" deleted "and to assist the Court in", and added the word "for"; and after "drafting and revising rules" changed "and instructions of the Supreme Court" to "forms and uniform jury instructions for approval by the Court"; and added the second sentence; in Paragraph B, in the first sentence, after "comprised of nine members" deleted "who will be"; after "various factions of the bar" deleted the abbreviation "i.e." and added "such as"; and after "government attorneys" added the remainder of the sentence; deleted the former second sentence which provided for the number of members of the Code of Professional Conduct Committee, the Appellate Rules Committee, the Board of Bar Examiners, and the Disciplinary Board; and at the beginning of the second sentence, added "Ad hoc"; in Paragraph C, in the first sentence, after "vice-chair for each" deleted "standing and special or temporary"; in the second sentence, after "work of the committee is accomplished" added the remainder of the sentence; in the third sentence, after "preside at all meetings" added the remainder of the sentence; and in the fourth sentence, after "In the absence of the chair", deleted "the vice-chair or the chair's designee shall" and added "the chair may designate another committee member or committee staff to" and after "assume the authority of the chair", added the remainder of the sentence; in Paragraph D, in the first sentence, after "Standing committee members", deleted "including the chair and vice-chair"; added the second, third and fourth sentences; in the fifth sentence, at the beginning of the sentence, after the word "No", added "standing committee"; after "for more than two", added "full three-year"; in the sixth sentence, after "Members of", deleted "special or temporary" and added "ad hoc"; and after "ad hoc committees", deleted "shall be appointed for a term decided by the Court; however, said term shall not exceed three (3) years" and added the remainder of the sentence; and added the seventh sentence; in Paragraph E, added the first and second sentences; in the third sentence, at the beginning of the sentence, added "Any failure to receive the foregoing notice notwithstanding, if" and deleted the word "If"; and after "including the chair", deleted "or vice-chair, shall be" and added the word "is"; in the fourth sentence, after "reported to the Court", added "in writing" and after "in writing, by the chair or", deleted "vice-chair in writing" and added the remainder of the sentence; and deleted the former last sentence which permitted any member, including the chair or vice-chair, to resign during the member's term by informing the Court in writing; in Paragraph F, in the first sentence, after "to each standing", deleted "special or temporary" and added the second sentence; in Paragraph H, in the second sentence, after "If appointed, the", changed "staff attorney will be responsible for notifying the members and liaison of meetings" to "committee staff shall be responsible for providing notice of meetings, assisting the chair with setting the agenda for meetings and other duties of the chair"; after "drafting and revising rules", changed "and instructions" to "forms and uniform jury instructions, serving as a liaison between the committee and the Court" and after "duties requested by the Court", deleted "or the chair or vice-chair"; and in the third sentence, after "necessary for committee", added the word "staff" and after "to keep minutes", deleted "or make any record of their proceedings"; in Paragraph I, in the first sentence, after "including the chair", deleted "and vice-chair"; added the second sentence; in the third sentence, at the beginning of the sentence, added "Committee staff" and deleted "Staff attorneys"; added the fifth sentence; and in the sixth sentence, at the beginning of the sentence, added "A quorum shall" and deleted "five voting members, must"; in Paragraph J, added the first sentence; in the second sentence, after "Committees may make", added "rule change"; after "request of the Court", changed "or the bar" to "the bench, the bar, or the public"; added the third sentence; and after the third sentence, changed former Subparagraph (2) to new Subparagraph (4), changed former Subparagraph (3) to new Subparagraph (6), changed former Subparagraph (4) to new Subparagraph (8), changed former Subparagraph (5) to new Subparagraph (9), and changed former Subparagraph (6) to new Subparagraph (10); in Subparagraph (1) of Paragraph J, in the first sentence, after "voting quorum", added the remainder of the sentence; and added the second sentence; in Subparagraph (2) of Paragraph J, added the language that occurs before "shall be submitted to" and deleted "so votes, rules or instructions"; and after "shall be submitted to" deleted "the staff attorney" and added "committee staff"; in Subparagraph (3) of Paragraph J, in the first sentence, after "When formatting", added "committee staff shall edit all proposed rule changes to conform to the Supreme Court Rules Drafting Manual, and" and deleted "all proposed amendments and new rules"; and after "the meaning of the rule", added the word "change"; in Paragraph J, added Subparagraph (4), including Items (a) through (e) and added Subparagraph (5), including Items (a) through (d); in Subparagraph (6) of Paragraph J, in the first sentence, at the beginning of the sentence, after "If the", added "Court decides to publish for comment the"; and after "publish for comment the proposed", deleted "amendments or new rules" and added the remainder to the sentence; and added the second and third sentences; in Subparagraph (7) of Paragraph J, at the beginning of the sentence, added "If a proposed rule change is" and deleted the word "are"; after "the Court may", deleted the word "request" and added the word "direct"; and after "the committee to", deleted "respond to" and added the word "review"; and after "received by the Court", added the remainder of the sentence; added the second sentence; and added the third sentence, including Items (a) through (d); in Subparagraph (8) of Paragraph J, in the introductory sentence, after "Upon receipt of the committee's", changed "response to the comments, and after its review of the recommended rules or instructions, any comments received by the Court and the committee's remarks to the comments, the Court shall" to "recommendation after the publication for comment period, the Court shall, either"; in Item (a) of Subparagraph (8) of Paragraph J, after the word "adopt", added "the committee's recommendation on the proposed rule change"; in Item (b) of Subparagraph (8) of Paragraph J, after the word "reject", added "the committee's recommendation on the proposed rule change"; in Item (d) of Subparagraph (8) of Paragraph J, after the word "modify", added "the committee's recommendation on the proposed rule change" and deleted "on their own motion"; in Item (e) of Subparagraph (8) of Paragraph J, after "send back", deleted "to the committee" and added "the committee's recommendation on the proposed rule change"; in Subparagraph (9) of Paragraph J, deleted the former first sentence which provided that if new rules or amendments are recommended to the Rules of Professional Conduct, Rules Governing Discipline, Rules Governing the New Mexico Bar, Rules Governing Admission to the Bar, or the Code of Judicial Conduct, the recommendations shall be submitted to the president of the New Mexico State Bar prior to the Court's final action to provide for input from the bar; in the first sentence, after "Upon final", deleted the word "enactment" and added the word "approval"; and after "approval by the Court", deleted "on such rules or amendments", and added the remainder of the sentence; and in the third sentence, added the language that occurs before "at least forty-five (45) days" and deleted "they may be submitted for publication by the state bar"; after "prior to the effective date", added "unless" and deleted the period and word "If"; and after "determines that it is necessary", deleted "to have a different effective date than that provided for in this subparagraph, it shall so provide in its order of adoption" and added the remainder of the sentence; in Subparagraph (10) of Paragraph J, in the first sentence, after "After any rule", deleted "or instruction" and added the word "change"; and after "made for publication by the", deleted "state bar, if necessary, and the"; added the second sentence; and deleted the former second sentence which provided that rules and amendments shall be published by the state bar if they will become effective prior to the next publication date of the NMSA Advanced Annotation Service or yearly supplement if required by Subparagraph (5) of Paragraph J; in Subparagraph (1) of Paragraph K, after "Magistrate Courts, Rules of", deleted the word "Civil"; in Subparagraph (4) of Paragraph K, after the word "Committee", added the remainder of the sentence; in Subparagraph (5) of Paragraph K, after the word "Committee", added the remainder of the sentence; in Subparagraph (6) of Paragraph K, after the word "Committee", added the remainder of the sentence; in Subparagraph (8) of Paragraph K, after the word "Committee", added the remainder of the sentence; in Subparagraph (9) of Paragraph K, after "Legal Education", deleted the word "Committee" and added the word "Board"; after "responsible for", added "the Rules of Minimum Continuing Legal Education"; in Subparagraph (10) of Paragraph K, at the beginning of the sentence, changed "Specialization Board" to "Board of Legal Specialization"; after "responsible for", added "the Rules of Legal Specialization and for" and deleted "implementing and"; and after "specialization program", added "pursuant to those rules"; in Subparagraph (11) of Paragraph K, after the word "Board Governing", deleted the word "Reporting" and added "the Recording" and after "Judicial Proceedings", added the remainder of the sentence; in Subparagraph (12) of Paragraph J, after "Bar Examiners", added the remainder of the sentence; in Subparagraph (13) of Paragraph J, after "Disciplinary Board", added the remainder of the sentence; in Subparagraph (14) of Paragraph J, after the word "Committee", added the remainder of the sentence; in Subparagraph (15) of Paragraph J, after the word "Committee", added the remainder of the sentence; and in Paragraph J, added Subparagraphs (17) through (19). The 2007 amendment, approved by Supreme Court Order 07-8300-03, effective February 12, 2007, amended Paragraph J(1) to delete the metropolitan court rules from the responsibility of the Courts of Limited Jurisdiction and to add a new Subparagraph 16 creating a Metropolitan Court Rules Committee and making that committee responsible for the metropolitan court rules and forms. The 2006 amendment, approved by Supreme Court Order 06-8300-02, effective January 10, 2006, amended Subparagraph (1) of Paragraph I to add the second sentence relating to the drafting of rules using gender-neutral language. The 2002 amendment, effective January 11, 2002, deleted "Rules of Civil Procedure for the District Court Committee shall be comprised of twelve members" near the middle of the first sentence in Paragraph B. The 1999 amendment, effective August 17, 1999, in Paragraph A, substituted "and" for "and/or" preceding "to assist the Court"; in Paragraph B, added the second sentence pertaining to the number of committee members for a certain committees; in Paragraph C, substituted "may" for "shall" in the first sentence, in the last sentence, inserted "or the chair's designee" following "vice-chair"; redesignated Paragraphs F through J and Paragraphs G through K; added a Paragraph F pertaining to a Supreme Court liaison; in Paragraph G, inserted "If appointed" at the beginning of the second sentence, and substituted "taking notes of the committee's actions" for "taking attendance, recording votes"; in Paragraph I(1), inserted "attorney" preceding "staff", in Paragraph I(2), substituted "it may publish for comment the proposed amendments or new rules" for "and"; added a new Paragraph I(3), rewrote Paragraph I(2) as present Paragraphs I(2) and I(4), and rewrote the beginning of Paragraph I(4), redesignated Paragraph I(3) as Paragraph I(5), and redesignated Paragraph I(4) as Paragraph I(6), and substituted "New Mexico Rules Annotated" for "the judicial volumes of the NMSA" at the end of the first sentence, and substituted "(5) of this Paragraph" for "(3) of Paragraph H"; in Paragraph J(2) and (3) inserted "which is" following "Committee"; in Paragraph J(7) inserted "which is" following "Committee" and deleted "Rules of Procedure for the Children's Court" preceding "Rules of Criminal Procedure"; renumbered Paragraphs J(8) and (9) as J(9) and (10) and added Paragraphs J(8) and J(11) through J(16). The 1992 amendment, effective August 1, 1992, substituted "The Court" for "The courts" at the beginning of Paragraph C; and, in Paragraph I, redesignated former Subparagraphs (7) and (8) as present Paragraphs (8) and (9), respectively and added the present Subparagraph (7) designation to provisions formerly in Subparagraph (6), inserting in Subparagraph (7) the first sentence and deleting "Uniform Jury Instructions-Criminal" following "Responsible for". Law reviews. - For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).