N.M. Sup. Gen. R. 23-115

As amended through August 23, 2024

Rule 23-115 - Unsworn affirmations under penalty of perjury

Unless expressly provided by any other rule approved by the Supreme Court, any written statement in a pleading, paper, or other document that is not notarized shall have the same effect in a court proceeding as a notarized written statement, provided that the statement includes the following:

A. the date that the statement was given;

B. the signature of the person who gave the statement; and

C. a written affirmation under penalty of perjury under the laws of the State of New Mexico that the statement is true and correct.

N.M. Sup. Gen. R. 23-115

Adopted by Supreme Court Order No. 14-8300-023, effective for all pleadings and papers filed on or after12/31/2014; as amended by Supreme Court Order No. 15-8300-024, effective for all pleadings and papers filed after11/18/2015.

Committee commentary. - This rule is substantially identical to the 2014 amendments to Rule 1-011 NMRA, which provide an alternative to notarization for written statements in civil proceedings in the district courts. This rule authorizes the same alternative to notarization in all proceedings and courts of this state. For further information about this rule's scope and effect, see the committee commentary to Rule 1-011.

[Adopted by Supreme Court Order No. 14-8300-023, effective December 31, 2014.]

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-024, effective November 18, 2015, in the introductory sentence, added "Unless expressly provided by any other rule approved by the Supreme Court".