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(a)     Application of FRCP 26. Unless the court orders otherwise, FRCP 26(a), 26(d)(1), and 26(f) shall not apply in contested matters or adversary proceedings.

(b)     Format. The proponent of written discovery shall give the recipient a copy of the discovery requests in Word or WordPerfect format. Responses shall include a restatement of each interrogatory or request. Each interrogatory or request shall be numbered sequentially across sets, e.g., first set, numbered 1-5; second set, numbered 6-10; etc.

(c)     Filing Discovery Documents. Discovery requests and responses shall not be filed in the bankruptcy case or an adversary proceeding except in connection with a motion to compel, for a protective order, or for discovery sanctions. Certificates of service of discovery requests and responses, and of deposition notices, shall be filed within a reasonable time after service.

(a)     Notices of Deposition. Counsel shall confer about the scheduling of depositions before serving deposition notices. Unless otherwise agreed by the parties or ordered by the court, notices of deposition shall be served at least ten days before the scheduled deposition.

(b)     Non-appearance. Failure of a deponent to appear at the time and place designated may result in sanctions pursuant to BR 7037 or 9016, unless a motion for protective order and a notice of non-appearance are served at least three days before the scheduled deposition. Frivolous motions or motions filed for dilatory purposes may also result in sanctions.

(c)     Deposition Fees. A court reporter must certify in a deposition transcript the reporter’s fees for the deposition.

(d)     Depositions Not Filed. Unless the court orders otherwise, deposition transcripts and certificates of completion of depositions shall not be filed.

(a)     Motion to Tax Costs; Bill of Costs. Within 14 days after entry of a final judgment or order, a party may file and serve upon all adverse parties a motion to tax costs. The motion shall include a bill of costs verified pursuant to 28 U.S.C. § 1924 that itemizes the costs claimed under 28 U.S.C. § 1920. Copies of receipts, billings, and payments shall be attached to the bill of costs.

(b)     Objections. Notice of a motion to tax costs shall give adverse parties 14 days to file and serve objections.

(c)     Taxation by Clerk. Unless otherwise ordered, the clerk will tax costs without a hearing if no objections are timely filed. A request for court review of the clerk’s action must be filed within 14 days after entry of the clerk’s order taxing costs.

(d) Allowable Costs.

    (1) Transcripts. The cost of an original trial or hearing transcript is taxable when authorized by the court before transcription. The reporter’s charge for the original or a copy of a deposition transcript is taxable when the transcript was reasonably necessary to the litigation, as determined by the court.

    (2) Fact and Expert Witness Costs. Witness fees, mileage, and subsistence costs are taxable if the witness testified at trial, or at a deposition found reasonably necessary to the litigation. The request to tax witness costs shall separate fees, mileage, and subsistence costs.  A testifying party may not receive witness fees, mileage, or subsistence costs, so no such expenses can be taxed. An expert witness fee is not taxable unless the court appointed the expert and approved the fee. Witness fees, mileage, and subsistence costs for an expert witness not appointed by the court are taxable the same as, and subject to the same restrictions as, lay witnesses fees, mileage, and subsistence costs.

    (3) Interpreter and Translator Fees. An interpreter’s fee is taxable if the interpreted witness’s costs are taxable. A translator’s fee is taxable if the translated documents were admitted into evidence.

    (4) Document Copies. The cost of copying exhibits is taxable when the exhibits are requested by the court or admitted into evidence. The cost of copying 8” x 10” or smaller photographs is taxable if the photographs are admitted into evidence. The following costs are not taxable unless the court orders otherwise: the cost of copying photographs larger than 8” x 10”; the cost of charts or models; and the cost of compiling summaries, computations, or statistical comparisons.

    (5) Jury Costs. All jury costs, mileage, and allowances for subsistence are taxed equally to all parties when a jury trial is settled or otherwise disposed of in advance of trial or during trial but prior to verdict. No assessment will be made if the clerk is notified of the settlement before noon on the business day before the action is set for trial or if good cause is shown.

(a)     Summary Judgment Motion. A summary judgment motion and/or supporting memoranda shall contain a concise supporting legal argument, with citations to legal authority as necessary, together with a concise statement of all material facts movant contends are not in genuine dispute. The facts shall be numbered and shall refer with particularity to the portions of the record relied upon. The court may summarily deny any motion that does not comply with this rule.

(b)     Response. A response to the motion shall contain a concise statement of the material facts the respondent contends are in genuine dispute. Each such fact shall be numbered, shall refer with particularity to the portions of the record relied upon, and shall state the number of the movant’s alleged fact that is disputed. All facts in movant’s statement of facts that are properly supported shall be deemed admitted unless respondent specifically controverts them.

(c)     Response and Reply Deadlines. The deadline to respond to a summary judgment motion is 21 days after service. The deadline for an optional reply in support of a motion for summary judgment is 14 days after service of the response.


(a)     General. The clerk shall not disburse funds deposited with the court without an order setting forth the name and address of each payee and the amount of principal and interest (if any) to which each payee is entitled, or a means for ascertaining the same.

(b)     Payment by the Clerk. Funds generally will be disbursed about 14 days after the date of the court order unless otherwise ordered by the court. The clerk shall not disburse funds to a payee until a tax identification or social security number for the payee has been received.

(c)     Fees. All funds deposited with the court and invested as registry funds will be assessed a charge of 10% of the interest income earned. Fees may be deducted periodically without further order and will not be subject to any subsequent exceptions or adjustments by directive of the Administrative Office of the United States Courts.

Unless the court orders otherwise, a party shall not transmit to a judge any communication regarding relief sought. This rule does not preclude ex parte submission of orders for entry. A communication regarding relief sought directed to a judge or the clerk may be filed in the case or proceeding. The court is not required to take any action on the communication unless it has been filed of record and a party requests a hearing, moves to strike, or otherwise properly brings the matter before the court.

If relief may be granted “after notice and hearing” as defined in Code § 102, and unless otherwise specifically provided in these rules, a notice shall contain the title of the motion or application, the date the motion or application was filed, and, unless a copy of the motion or application is served with the notice, an adequate summary of the relief requested. The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. The notice must be on a separate paper from the motion.

Every paper filed after the petition shall include the chapter number of the case, the case number, the initial of the assigned judge, and the initial of the location of the section 341 meeting of creditors, e.g., 7-10-12345-JA or 10-12345-ja7. This rule does not apply to papers generated by the court’s electronic filing program.

A motion to continue a hearing based solely on the agreement of the parties will not automatically be granted.

All national or local procedural forms designated by the clerk as “required” must be used. The clerk will publish a list of the required forms, together with the forms themselves, on the court’s website “Forms” pages.

(a)    Admission to Practice.  Except as provided below, admission to practice before this court is governed by the local rules of the United States District Court for the District of New Mexico.

(b)    Membership in Bar of this Court.  An attorney admitted to practice before the United States District Court for the District of New Mexico is a member of the bar of this court.

(c)    Admission Pro Hac Vice.  An attorney who is not a member of the bar of this court may not appear in this court unless admitted pro hac vice, except for the purpose of filing proofs of claim or requests for unclaimed funds, preparing reaffirmation agreements, or for participating in meetings of creditors.  An attorney who is not a member of the bar of this court but who is a member in good standing of the bar of any state, of any territory of the United States, of the District of Columbia or of any federal court may file a motion to be admitted pro hac vice, which shall contain the statement that the attorney has read and is familiar with these rules.

(d)    Association With Member of the Bar Not Required.  Except as provided in section (e), an attorney who is not a member of the bar of this court is not required to associate with a member of the bar of this court, provided, however, that in any case or proceeding in which the court deems it necessary for the purpose of appearance, ready availability, familiarity with local procedures, or otherwise in the interest of expediting disposition of the case or proceeding, the court may require an attorney admitted pro hac vice to associate with a resident member of the bar of this court.

(e)    Association by Debtor’s Counsel With a Resident Member of the Bar.  Unless the court orders otherwise, an attorney who is not a member of the bar of this court and who is representing a debtor in a bankruptcy case pending before the court must associate with a member of the bar of this court who resides in New Mexico.  This rule does not apply to adversary proceedings.  A nonmember attorney may commence a case without associated resident counsel only if, on the petition date, the attorney files a motion for admission pro hac vice that includes a request to appear without resident counsel, and promptly submits an order to the court granting the motion.  The motion shall be served on the United States Trustee and the trustee, if any.  The court may grant or deny the motion without further notice or hearing.  This rule does not apply to adversary proceedings.

(a)     Withdrawal and Substitution. Unless withdrawal of an attorney is accompanied by a substitution of counsel filed of record that recites the client’s consent, with mailing address, telephone number, and e-mail address, if any, of the substituted attorney, an attorney must file a motion seeking an order to withdraw in any case or adversary proceeding.

(b)     Motion to Withdraw With Client’s Consent. If the attorney has obtained the written consent of the client, the consent must be filed with the motion, and the attorney must submit a proposed order to the court showing the mailing address, telephone number, and e-mail address, if any, of the self-represented individual. The court may grant the motion without notice. If the motion is granted, the withdrawing attorney must give prompt notice of the entry of the order to the client and to all other parties or their attorneys. An attorney representing a governmental unit is not required to obtain a client’s signature to withdraw under this provision.

(c)     Withdrawal Without Client’s Consent. If the attorney has not obtained the written consent of the client, the motion to withdraw must show reasons therefor. The notice thereof must specify a 14-day deadline for objections to the motion and must be served on the client, any trustee, and such other parties as the court may direct. The motion to withdraw must be accompanied by a certificate of the moving attorney that either the client has been notified in writing of the status of the case or proceeding, including the dates and times of any scheduled court proceedings, pending compliance with any existing court orders, and, if applicable, the need to comply with NM LBR 9010-1; or else that the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case or proceeding.

(d)     Order of Withdrawal. If no objections are timely filed, the attorney may submit an order permitting the attorney’s withdrawal. If an objection is timely filed, the attorney shall contact the courtroom deputy for the assigned judge to request a hearing and give notice to the objecting party. The order authorizing the withdrawal of the attorney shall show the mailing address, telephone number, and e-mail address, if any, of the self-represented individual.

(e)     Death or Removal of an Attorney. When an attorney dies or ceases to act as an attorney under circumstances not otherwise provided herein, the clerk shall notify a party represented by the attorney of the need to appear in person in any further matters or, if applicable, to comply with NM LBR 9010-1. If another attorney does not enter an appearance within 21 days, then, if the debtor is an individual, the action shall proceed with the individual appearing pro se; otherwise, the action shall proceed but the non-individual party may not appear on its own behalf and shall be deemed unrepresented until a new attorney enters an appearance.