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Notices
1:14-mc-00004 Administrative Orders
U.S. District Court
District of New Mexico - Version 6.1
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The following transaction was entered on 12/1/2014 at 5:16 PM MST and filed on 12/1/2014
Administrative Orders
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Document Number: 46
Docket Text:
ADMINISTRATIVE ORDER:Amendments to the Local Rules of Civil Procedure Amended
Effective 12/01/2014 (med)
1:14-mc-00004 Notice has been electronically mailed to:
1:14-mc-00004 Notice has been delivered by fax to:
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Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 1 of 42
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
Local Rules of Civil Procedure
EFFECTIVE JULY 1, 2011,
Amended Effective January 1, 2012.
Amended Effective December 1, 2014.
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 2 of 42
LOCAL RULES OF CIVIL PROCEDURE
OF THE
UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF NEW MEXICO
PART I
SCOPE OF RULES
PART II
COMMENCEMENT OF ACTION; SERVICE AND FILING
PART III
PLEADINGS, MOTIONS AND OTHER PAPERS
PART V
DISCOVERY
PART VI
TRIALS
PART VII
JUDGMENT
PART VIII
PROVISIONAL AND FINAL REMEDIES
PART IX
SPECIAL PROCEEDINGS
PART X
DISTRICT COURTS AND CLERKS
PART XI
GENERAL PROVISIONS
Effective July 1, 2011,
Amended Effective January 1, 2012.
Amended Effective December 1, 2014.
i
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 3 of 42
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
AMENDMENTS TO LOCAL RULES
OF CIVIL PROCEDURE
14-MC-00004-46
(Filed December 1, 2014)
ADMINISTRATIVE ORDER
With the concurrence of the active Article III judges in the District, this Administrative Order
is entered for the Court.
Under the authority of 28 U.S.C. § 2071 and Rule 83 of the Federal Rules of Civil Procedure,
IT IS ORDERED that amendments to D.N.M.LR-Civ. 83.2 and 83.13 of the Local Rules of
Civil Procedure governing practice in the United States District Court for the District of New Mexico
are adopted, and will become effective on December 1, 2014.
/s/
________________________
M. Christina Armijo
Chief United States District Judge
/s/
_________________________
Martha Vázquez
United States District Judge
/s/
_________________________
William P. Johnson
United States District Judge
/s/
_________________________
Robert C. Brack
United States District Judge
/s/
_________________________
James O. Browning
United States District Judge
/s/
_________________________
Judith C. Herrera
United States District Judge
/s/
_________________________
Kenneth J. Gonzales
United States District Judge
/s/
_________________________
James A. Parker
Senior United States District Judge
/s/
_________________________
C. Leroy Hansen
Senior United States District Judge
ii
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 4 of 42
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
AMENDMENT TO LOCAL RULES
OF CIVIL PROCEDURE
11-MC-0004-23
(Filed December 14, 2011)
ADMINISTRATIVE ORDER
With the concurrence of the active Article III judges in the District, this Administrative Order
is entered for the Court,
Under the authority of 28 U.S.C. § 2071 and Rule 83 of the Federal Rules of Civil Procedure,
IT IS ORDERED that amendments to D.N.M.LR-Civ. 83.2 and 83.3 of the Local Rules of
Civil Procedure governing practice in the United States District Court for the District of New Mexico
are hereby adopted, and will become effective on January 1, 2012.
/s/
__________________________
Bruce D. Black
Chief United States District Judge
/s/
____________________________
Martha Vázquez
United States District Judge
/s/
__________________________
M. Christina Armijo
United States District Judge
/s/
____________________________
William P. Johnson
United States District Judge
/s/
__________________________
Robert C. Brack
United States District Judge
/s/
____________________________
James O. Browning
United States District Judge
/s/
__________________________
Judith C. Herrera
United States District Judge
s/
____________________________
John Edwards Conway
Senior United States District Judge
/s/
__________________________
James A. Parker
Senior United States District Judge
/s/
____________________________
C. LeRoy Hansen
Senior United States District Judge
iii
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 5 of 42
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IN THE MATTER OF:
ADOPTION OF LOCAL RULES
OF CIVIL PROCEDURE
11-MC-0004-16
(Filed June 23, 2011)
ADMINISTRATIVE ORDER
With the concurrence of the active Article III judges in the District, this Administrative Order
is entered for the Court,
Under the authority of 28 U.S.C. § 2071 and Rule 83 of the Federal Rules of Civil Procedure,
IT IS ORDERED that the Local Rules of Civil Procedure governing practice in the United
States District Court for the District of New Mexico are hereby adopted in their entirety, and will
become effective on July 1, 2011.
/s/
__________________________
Bruce D. Black
Chief United States District Judge
/s/
____________________________
Martha Vázquez
United States District Judge
/s/
__________________________
M. Christina Armijo
United States District Judge
/s/
____________________________
William P. Johnson
United States District Judge
/s/
__________________________
Robert C. Brack
United States District Judge
/s/
____________________________
James O. Browning
United States District Judge
/s/
__________________________
Judith C. Herrera
United States District Judge
/s/
____________________________
John Edwards Conway
Senior United States District Judge
/s/
__________________________
James A. Parker
Senior United States District Judge
/s/
____________________________
C. LeRoy Hansen
Senior United States District Judge
iv
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 6 of 42
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CHIEF DISTRICT JUDGE
M. Christina Armijo
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 770
Albuquerque, NM 87102
DISTRICT JUDGE
Martha Vázquez
Santiago E. Campos U.S. Courthouse
106 South Federal Place, Second Floor
Santa Fe, NM 87501
DISTRICT JUDGE
William P. Johnson
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 610
Albuquerque, NM 87102
DISTRICT JUDGE
Robert C. Brack
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
DISTRICT JUDGE
James O. Browning
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 660
Albuquerque, NM 87102
DISTRICT JUDGE
Judith C. Herrera
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 710
Albuquerque, NM 87102
DISTRICT JUDGE
Kenneth J. Gonzales
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
SENIOR DISTRICT JUDGE
James A. Parker
U.S. Courthouse
421 Gold Avenue, 6 th Floor
Albuquerque, NM 87102
SENIOR DISTRICT JUDGE
C. LeRoy Hansen
U.S. Courthouse
421 Gold Avenue, 5th Floor
Albuquerque, NM 87102
CHIEF MAGISTRATE JUDGE
Karen Ballard Molzen
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 730
Albuquerque, NM 87102
MAGISTRATE JUDGE
Robert Hayes Scott
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 620
Albuquerque, NM 87102
MAGISTRATE JUDGE
Lourdes A. Martinez
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
MAGISTRATE JUDGE
William P. Lynch
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
v
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 7 of 42
MAGISTRATE JUDGE
Carmen E. Garza
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
MAGISTRATE JUDGE
Gregory B. Wormuth
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
MAGISTRATE JUDGE
Stephan M. Vidmar
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
MAGISTRATE JUDGE
Steven C. Yarbrough
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 670
Albuquerque, NM 87102
MAGISTRATE JUDGE
Kirtan Khalsa
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 630
Albuquerque, NM 87102
RECALLED MAGISTRATE JUDGE
Lorenzo F. Garcia
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 680
Albuquerque, NM 87102
PART-TIME MAGISTRATE JUDGE
B. Paul Briones
U.S. District Court
407 N. Auburn Avenue
Farmington, NM 87401
***************
CLERK
Matthew J. Dykman
Pete V. Domenici U.S. Courthouse
333 Lomas Blvd. NW, Suite 270
Albuquerque, NM 87102
LAS CRUCES CLERK'S OFFICE
U.S. Courthouse
100 North Church Street
Las Cruces, NM 88001
SANTA FE CLERK'S OFFICE
Santiago E. Campos U.S. Courthouse
106 South Federal Place
Santa Fe, NM 87501
Please see www.nmcourt.fed.us for the
most current telephone contact information.
vi
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 8 of 42
COMMITTEE OF THE COURT
Local Civil Rules Committee
Honorable Stephan M. Vidmar, Chair
Hon. M. Christina Armijo, Chief District Judge, ex officio
Mr. Terry Farmer, Esquire
Mr. Andrew Thomas, Esquire
Mr. Michael S. Jahner, Esquire
Ms. Kathleen Love, Esquire
***************
vii
Mr. Timothy C. Holm, Esquire
Mr. Michael Hoses, Esquire
Mr. Andrew Schultz, Esquire
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 9 of 42
TABLE OF CONTENTS
Page
I. SCOPE OF RULES ......................................................................................................................1
RULE 1.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Scope, Application and Construction .......................................................................1
Title and Citation ..........................................................................................................1
Effective Date ...............................................................................................................1
Application of Rules ......................................................................................................1
Rule of Construction ....................................................................................................1
Definitions ....................................................................................................................1
Bankruptcy Cases .........................................................................................................2
Waiver of Rules ............................................................................................................2
II. COMMENCEMENT OF ACTION; SERVICE AND FILING .............................................2
RULE 3.
3.1
3.2
3.3
Commencement of Action .........................................................................................2
Civil Cover Sheet .........................................................................................................2
Notification of Multidistrict Litigation ........................................................................2
Fees ...............................................................................................................................2
RULE 4.
4.1
Process .........................................................................................................................2
Summons ......................................................................................................................2
RULE 5.
5.1
5.2
Filing and Service .......................................................................................................3
Electronic Filing and Service .......................................................................................3
Paper Filing and Service . ..............................................................................................3
III. PLEADINGS, MOTIONS AND OTHER PAPERS ..............................................................3
RULE 7.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
Motion Practice ..........................................................................................................3
Writing Requirement; Opposition ................................................................................3
Unopposed Motions; Case Management Deadlines .....................................................4
Form of Motion and Related Evidence ........................................................................4
Timing of and Restrictions on Responses and Replies ................................................4
Length of Motion and Brief .........................................................................................5
Oral Argument ..............................................................................................................5
Withdrawal of Documents ...........................................................................................5
Citation of Supplemental Authorities ...........................................................................5
RULE 10.
10.1
10.2
10.3
10.4
Form of Documents ....................................................................................................5
Form .............................................................................................................................5
Titles of Documents .....................................................................................................6
Filing of Non-Conforming Documents ........................................................................6
Attachments to Pleadings .............................................................................................6
viii
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 10 of 42
Page
10.5
10.6
10.7
Page Limit for Exhibits ................................................................................................6
Identifying Portions of Exhibits ...................................................................................6
Non-duplication of Exhibits .........................................................................................6
RULE 11.
11.1
Signing of Documents ................................................................................................7
Signatures .....................................................................................................................7
RULE 15.
15.1
Amended and Supplemental Pleadings ....................................................................7
Motion to Amend Pleading ..........................................................................................7
RULE 16.
16.1
16.2
16.3
Pre-trial Procedures ...................................................................................................7
Joint Status Report .......................................................................................................7
Settlement Conferences .................................................................................................7
Exclusion From Pre-trial Case Management ...............................................................8
V. DISCOVERY ................................................................................................................................8
RULE 26.
26.1
26.2
26.3
26.4
26.5
26.6
Discovery .....................................................................................................................8
Form of Discovery Requests ........................................................................................8
Certification of Service ................................................................................................9
Required Disclosures ....................................................................................................9
Timing of Discovery and Initial Disclosures .............................................................10
Changing Discovery Limitations ...............................................................................10
Objections to Discovery .............................................................................................11
RULE 30.
30.1
30.2
30.3
30.4
30.5
30.6
Depositions ................................................................................................................11
Notice of Deposition ..................................................................................................11
Non-Appearance at Deposition ..................................................................................11
Filing of Depositions ..................................................................................................11
Filing of Certificate of Completion of Deposition .....................................................11
Deposition Fees ..........................................................................................................11
Final Disposition of Deposition Transcripts ..............................................................11
RULE 37.
37.1
37.2
37.3
Failure to Make Disclosure or Cooperate in Discovery ........................................11
Relief Sought in Protective Order and Motion to Compel .........................................12
Time to Respond ........................................................................................................12
Compliance with Discovery Order Pending Appeal of the Order ..............................12
VI. TRIALS ....................................................................................................................................12
RULE 40.
40.1
Trial Continuances ...................................................................................................12
Continuances ..............................................................................................................12
ix
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Page
RULE 41.
41.1
41.2
Dismissal of Action Without Prejudice ..................................................................12
Dismissal for Want of Prosecution .............................................................................12
Non-Conforming Papers ............................................................................................12
VII. JUDGMENT ...........................................................................................................................12
RULE 54.
54.1
54.2
54.3
54.4
54.5
Judgment; Costs .......................................................................................................12
Motion to Tax Costs ...................................................................................................12
Taxable Costs .............................................................................................................13
Costs in Comparative Fault Cases ..............................................................................14
Jury Cost Assessment .................................................................................................14
Application for Award of Attorney's Fees .................................................................14
RULE 56.
56.1
Summary Judgment .................................................................................................15
Summary Judgment Procedures .................................................................................15
RULE 58.
58.1
58.2
Entry of Judgment ...................................................................................................15
Final Judgment Based Upon a Negotiable Instrument ...............................................15
Proposed Orders and Judgments ................................................................................15
VIII. PROVISIONAL AND FINAL REMEDIES ......................................................................16
RULE 65.
65.1
Sureties ......................................................................................................................16
Bonds and Other Sureties ...........................................................................................16
RULE 67.
67.1
Deposit in Court .......................................................................................................17
Disbursements from Court Registry ...........................................................................17
IX. SPECIAL PROCEEDINGS ...................................................................................................17
RULE 72.
72.1
Objection to Non-dispositive Pre-trial Matters .....................................................17
Procedure ....................................................................................................................17
RULE 73.
73.1
73.2
73.3
73.4
United States Magistrate Judges .............................................................................17
Direct Assignment of Civil Cases ..............................................................................17
Consent to Proceed Before a Pre-Trial Magistrate Judge ..........................................18
Appeal of Final Judgment or Order ............................................................................18
Consent to Settlement Conference Conducted by a Magistrate Judge ........................19
X. DISTRICT COURTS AND CLERKS ....................................................................................19
RULE 79.
79.1
Custody of Files and Exhibits ..................................................................................19
Removal of Pleadings and Other Papers From Court File .........................................19
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Page
79.2
79.3
Return of Exhibits in Civil Actions ..........................................................................19
Fees for Copies of Documents ..................................................................................19
XI. GENERAL PROCEEDINGS .................................................................................................19
RULE 81.
81.1
General Provisions ...................................................................................................19
Removed Actions .......................................................................................................19
RULE 83.
83.1
83.2
83.3
83.4
83.5
83.6
83.7
Miscellaneous Rules .................................................................................................19
Courtroom and Courthouse Decorum ........................................................................19
Bar Admissions, Membership and Dues [Effective 12/1/2014] .................................20
Appearance of Attorneys Licensed Outside the District [Effective 1/1/2012] ...........22
Entry of Appearance ...................................................................................................22
Appearance by Party ..................................................................................................23
Change of Address .....................................................................................................23
Representation of Corporation, Partnership or Business Entity Other Than a
Natural Person ..........................................................................................................23
Withdrawal of Appearance .........................................................................................23
Rules of Professional Conduct ...................................................................................24
Attorney Discipline ....................................................................................................24
Clinical Law Student Practice ....................................................................................24
Complaints of Judicial Misconduct or Disability .......................................................25
Conviction of Crime [Effective 12/1/2014] .................................................................25
83.8
83.9
83.10
83.11
83.12
83.13
xi
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 13 of 42
LOCAL CIVIL RULES OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
I. SCOPE OF RULES
RULE 1. Scope, Application and Construction.
1.1 Title and Citation. These are the Local Civil Rules of the United States District Court for
the District of New Mexico. The proper citation is: "D.N.M.LR-Civ.____."
1.2 Effective Date. These rules take effect on July 1, 2011.
1.3 Application of Rules.
(a) In General. These rules apply to civil proceedings.
(b) Relationship to Prior Rules; Actions Pending on Effective Date. These rules
supersede all previous local civil rules and govern all actions pending on or filed after
their effective date, unless the Court otherwise orders.
1.4 Rule of Construction. The format of these rules coincides with the numbering and content
of the Federal Rules of Civil Procedure ("FED. R. CIV. P."). These rules should be construed
consistently with the Federal Rules of Civil Procedure.
1.5 Definitions. In these rules:
(a) "Clerk" refers to the District Court Clerk for this District, a deputy clerk, or any of the
Clerk's offices located in Albuquerque, Santa Fe and Las Cruces.
(b) "Court," "Judicial Officer" or "Judge" refers to a United States District Judge or
United States Magistrate Judge.
(c) "day" refers to a calendar day.
(d) "District" refers to the United States District Court for the District of New Mexico.
(e) "document" refers to a pleading, motion or paper.
(f) "electronic transmission" includes, but is not limited to: facsimile, electronic mail,
or other electronic data transmission.
(g) "Federal Bar" refers to members of the bar of the United States District Court for the
District of New Mexico.
(h) "party" refers to a party or attorney representing the party.
(i) "pro se party" refers to a party appearing in an action without an attorney.
1
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1.6 Bankruptcy Cases.
(a) Bankruptcy Matters Other Than Appeals.
• The local rules of the United States Bankruptcy Court for this District govern
practice and procedure in all bankruptcy matters except appeals.
• Every paper in a non-appeal matter is filed with the Clerk of the Bankruptcy Court.
(b) Bankruptcy Appeals.
• Every paper in a bankruptcy appeal, except those papers required to be filed with the
Clerk of the Bankruptcy Court, pursuant to the FED. R. BANKR. P., is filed with the
Clerk.
• Bankruptcy appeal briefs must conform with D.N.M.LR-Civ. 7.4 and 7.5.
1.7 Waiver of Rules. These rules may be waived by a Judge to avoid injustice.
II. COMMENCEMENT OF ACTION; SERVICE AND FILING
RULE 3. Commencement of Action.
3.1 Civil Cover Sheet.
• A civil cover sheet form, available from the Clerk, must be completed and attached to the
pleading initiating a civil action. This requirement is for administrative purposes, and
information appearing on the civil cover sheet will have no legal effect in the action.
• The Clerk will file the initiating paper even if it is submitted without the completed cover
sheet. The Clerk will give written notice of the deficiency and deadline for correcting the
deficiency. The Court may dismiss the action, without prejudice, for failure to cure the
deficiency.
• A pro se party filing a civil action need not complete the cover sheet.
3.2 Notification of Multidistrict Litigation. A party filing a paper involving an action subject
to pre-trial proceeding before the Judicial Panel on Multidistrict Litigation (see 28 U.S.C.
§ 1407) must, at the time of filing, submit:
(a) a written description of the nature of the case; and
(b) a list of the titles and numbers of all related cases filed in this District.
3.3 Fees. The filing fee may be paid by cash or check or charged to a credit card. A pro se
party or attorney may move for leave to proceed in forma pauperis.
RULE 4. Process.
4.1 Summons. A party must prepare the summons on a form available from the Clerk.
2
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RULE 5. Filing and Service.
5.1 Electronic Filing and Service.
(a) Requirement and Procedure. Electronic filing is mandatory, except as otherwise
specified in Federal rules, these rules, or Court order. Pro se parties are excused from
mandatory e-filing, and papers may be filed in open court. Electronic filing constitutes
service for purposes of FED. R. CIV. P. 5, except as to parties excused from electronic
filing by Federal rules, these rules, or Court order. Electronic service is complete on
transmission and is the equivalent of service by mail in accordance with FED. R. CIV. P.
5(b), 5(d), and 77(d). Registration, technical, and procedural guidelines for e-filing are
set out in the Court's CM/ECF Administrative Procedures Manual.
(b) Timing. Unless otherwise specified by rule or ordered by the Court, an electronic
document is considered filed on the date of the electronic transfer, including weekends
and holidays. A filing day is defined as 12:00:00 a.m. to midnight. The time and date
of filing are reflected in the Court's Notice of Electronic Filing.
5.2 Paper Filing and Service. In cases where e-filing is not required under rule 5.1, an original
and two copies of a paper, including a document that initiates an action, must be filed with the
Clerk. Copies of filed documents must be served on all parties. In consolidated actions,
parties in all companion cases must be served.
III. PLEADINGS, MOTIONS AND OTHER PAPERS
RULE 7. Motion Practice.
7.1 Writing Requirement; Opposition.
(a) A motion must be in writing and state with particularity the grounds and the relief
sought. A party may adopt by reference another party's motion or other paper by
making specific reference to the filing date and docket number of such motion or other
paper. Movant must determine whether a motion is opposed, and a motion that omits
recitation of a good-faith request for concurrence may be summarily denied. In pro se
inmate cases, movant need not determine whether the motion is opposed. An attorney's
motion to withdraw from representation of a party must follow the procedure provided
in D.N.M.LR-Civ. 83.8.
(b) A motion, response, or reply must include a certificate of service on each party.
The failure of a party to file and serve a response in opposition to a motion within the
time prescribed for doing so constitutes consent to grant the motion. The failure to file
and serve a reply in support of a motion within the time prescribed for doing so
constitutes consent that briefing on the motion is complete.
3
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7.2 Unopposed Motions; Case Management Deadlines. An unopposed motion must be
accompanied by a proposed order approved by each party, in accordance with the procedure
set by the assigned Judge. A non-dispositive motion which alters or affects case
management deadlines requires approval of the assigned Judge, as provided in
D.N.M.LR-Civ. 16.1.
7.3 Form of Motion and Related Evidence.
(a) A motion, response or reply must cite authority in support of the legal positions
advanced. Movant's authority may be submitted in a separate brief filed and served
contemporaneously with the motion.
(b) Movant must submit evidence, in the form of affidavits, deposition excerpts, or other
documents, in support of allegations of fact.
7.4 Timing of and Restrictions on Responses and Replies.
(a) Timing. A response must be served and filed within fourteen (14) calendar days after
service of the motion. A reply must be served and filed within fourteen (14) calendar
days after service of the response. These time periods are computed in accordance with
FED. R. CIV. P. 6(a) and (d) and may be extended by agreement of all parties. For each
agreed extension, the party requesting the extension must file a notice identifying the
new deadline and the document (response or reply) to be filed. If an extension of time
is opposed, the party seeking the extension must file a separate motion within the
applicable fourteen (14) day period. An extension of briefing time must not interfere
with established case management deadlines.
(b) Surreply. The filing of a surreply requires leave of the Court.
(c) Expedited Briefing. When the Court orders an expedited briefing schedule, briefs and
any supporting papers must be served on each party by the most expeditious reasonable
method of service.
(d) Cases With Briefing Schedule Set by Court (Bankruptcy or Social Security
Appeals). The parties will be given a briefing schedule by the Clerk or by the Court.
Timing of responses and replies must conform with the briefing schedule unless all
parties agree otherwise.
(e) Notice of Completion. Upon completion of briefing, the movant must file a notice
certifying that the motion is ready for decision and identifying the motion and all related
filings by date of filing and docket number.
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7.5 Length of Motion and Brief. The length of a motion or, if a separate brief is filed in support
of a motion, the combined length of a motion and supporting brief, must not exceed
twenty-seven (27) double-spaced pages. A response brief must not exceed twenty-four (24)
double-spaced pages. A reply brief must not exceed twelve (12) double-spaced pages.
Unless otherwise ordered, these page limits apply to non-motion briefs, e.g., merits briefs in
Social Security or bankruptcy appeals and proceedings under 28 U.S.C. §§ 2241, 2254, and
2255.
7.6 Oral Argument.
(a) When Allowed. A motion will be decided on the briefs unless the Court sets oral
argument.
(b) Hearing by Telephone Conference. The Court may permit hearing by telephone
conference. The party requesting a telephonic hearing must initiate the call and pay the
expense. The requesting party must provide to the Court and all participants copies of
all documents necessary for the hearing. The documents must be delivered before the
hearing by the most expeditious reasonable method of service.
7.7 Withdrawal of Documents. A party may withdraw a document from consideration by the
Court by filing and serving a notice of withdrawal which specifically identifies the document
being withdrawn. Withdrawal requires consent of all other parties or approval of the Court.
7.8 Citation of Supplemental Authorities.
(a) If controlling authority comes to a party's attention after the party's brief has been filed B
or after oral argument but before decision B a party must promptly file a "Notice of
Supplemental Authorities," setting forth the citations.
(b) If pertinent and significant authorities come to a party's attention after the party's brief
has been filed B or after oral argument but before decision B a party may promptly file a
"Notice of Supplemental Authorities," setting forth the citations.
(c) The Notice must state the reasons for the supplemental citations, referring either to the
page of the brief or to a point argued orally. The body of the Notice must not exceed
350 words. Any response must be filed within seven (7) days of the filing of the Notice
and will be limited to 350 words. No reply to the response will be permitted.
RULE 10. Form of Documents.
10.1 Form. A paper presented for filing must be on size 8 ½ by 11 inch white, opaque, unglazed
paper of good quality and be typewritten or printed on one side without interlineations. The
typewritten text of all documents must be at least 12 pitch, and type must be of letter quality.
The left, right, and bottom margins must be at least 1 inch, the top margin must be at least 1½
inches. Except for footnotes and quotations, the text of all documents must be double
spaced. The first page of each document must have the case file number and initials of the
assigned Judges.
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10.2 Titles of Documents. The title of a document must clearly identify its substance and any filed
document to which it responds or is connected.
10.3 Filing of Non-Conforming Documents.
(a) Acceptance of Documents. The Clerk will not refuse to file any document because it
is not in proper form.
(b) Signature. A paper filed without signature will be stricken unless it is signed within
fourteen (14) days after the omission is called to the party's attention.
(c) Non-Conforming Documents. The Clerk will give to the submitting party written
notice of a deficiency and deadline for correcting the deficiency. The Clerk will also
provide any applicable forms and instruction sheets. Failure to remedy a deficiency or
to show good cause for non-compliance within forty-five (45) days from the date of
notice may result in striking of the document or dismissal of the action without prejudice
in accordance with D.N.M.LR-Civ. 41.2.
10.4 Attachments to Pleadings. Exhibits are not attached to a pleading unless the documents
attached form the basis for the action or defense.
10.5 Page Limit for Exhibits. All exhibits to a motion, response or reply, including excerpts from
a deposition, must not exceed a total of fifty (50) pages, unless all parties agree otherwise 1.
If agreement cannot be reached, then the party seeking to exceed the page limit must file a
motion in accordance with D.N.M.LR-Civ. 7. A party may file only those pages of an
exhibit which are to be brought to the Court's attention.
10.6 Identifying Portions of Exhibits. The portions of an exhibit the party wishes to bring to the
Court's attention must be marked, e.g., by brackets, shading, or underlining, in the original,
the copy for the Court and the copy for each party. Marking must be apparent on exhibits
that are scanned and filed and/or served electronically so that, when printed in hard copy, the
reader can clearly see what is marked to read and the text can be easily read. This rule
applies equally to parties who are excused from electronic filing.
10.7 Non-duplication of Exhibits. An exhibit should be submitted only once and may later be
referred to by document title and filing date. An exhibit may be submitted more than once,
however, if the submitting party wishes to bring to the Court's attention portions of the exhibit
different from those previously marked under D.N.M.LR-Civ. 10.6.
1
The CM/ECF application limits the file size of each document submitted to no more than
two and one-half (2.5) megabytes. Techniques for submitting documents that exceed this
limitation are described in the CM/ECF Administrative Procedures Manual which can be found on
the Court's web site.
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RULE 11. Signing of Documents.
11.1 Signatures. The Court will treat a duplicate signature as an original signature, and a
document filed or served by electronic transmission is considered signed in accordance with
FED. R. CIV. P. ll(a).
RULE 15. Amended and Supplemental Pleadings.
15.1 Motion to Amend Pleading. A proposed amendment to a pleading must accompany the
motion to amend.
RULE 16. Pre-trial Procedures.
16.1 Joint Status Report. A Joint Status Report form is available at the Clerk's office and online.
Following the FED. R. CIV. P. 26(f) meet-and-confer conference, the parties must complete the
Joint Status Report. The parties must file the completed Report at least seven (7) days before
the scheduling conference, or as ordered by the Court. After the filing of the Joint Status
Report, the Court will enter a notice of trial setting and a scheduling order setting all pre-trial
case management deadlines. Modification of deadlines in the Court's scheduling orders and
trial notices, whether or not opposed, requires a showing of good cause and Court approval.
16.2 Settlement Conferences.
(a) In every civil case the parties must participate in a settlement conference with a Judge
unless otherwise ordered by the Court. Cases excepted from this rule are listed under
D.N.M.LR-Civ. 16.3.
(b) In every bankruptcy adversary proceeding filed in Bankruptcy Court, the parties must
participate in a settlement conference with members of the bankruptcy facilitation panel
unless otherwise ordered by the Bankruptcy Court.
(c) For each party, at least two persons must attend settlement conferences:
• the attorney who will try the case; and
• the party or designated representative with final settlement authority, other than an
attorney of record.
(d) A request to be excused must be made in writing to the Court at least seven (7) days
before the conference or as ordered by the Court.
(e) Evidence of settlement offers made, and of statements made, at the settlement
conference, regardless of whether made in written, oral or graphic form, will be
inadmissible as provided in FED. R. EVID. 408. Statements which are made by any
party to the Judge who is conducting the settlement conference, and which are identified
by that party as confidential, will not be disclosed by the Judge to any other party. The
Judge who is conducting the settlement conference may not reveal to the trial Judge any
information about offers made, or about statements made, by any party at the settlement
conference, other than whether the case was or was not settled.
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(f)
Within seven (7) days of notice of assignment of a member of the bankruptcy
facilitation panel to facilitate an adversary proceeding in Bankruptcy Court, any party
may move the Court to disqualify the panel member based on the standards set forth in
28 U.S.C. § 455.
16.3 Exclusion From Pre-trial Case Management. The following types of cases are excluded
from pre-trial case management procedures described in D.N.M.LR-Civ. 16 unless the parties
request, or the assigned Judge determines, that the case should be governed by this rule:
(a) Government Collections Actions (150-153);
(b) Condemnation Actions (210);
(c) Rent, Lease and Ejectment (230);
(d) Prisoner Petitions (463, 510-555);
(e) Statutory Penalty Actions (610-690);
(f) Bankruptcy Appeals and Withdrawals (422-423);
(g) Social Security Reviews (861-865);
(h) Federal Tax Suits (870-871, 875);
(i) State Reapportionment (400);
(j) Commerce/ICC Rate (450);
(k) Deportation (460);
(l) Selective Service (810);
(m) Freedom of Information Act (895);
(n) Food Stamp Denial (891);
(o) Proceedings to compel arbitration or to confirm or set aside arbitration awards;
(p) Proceedings to compel the giving of testimony or production of documents under a
subpoena or summons issued by an officer, agency or instrumentality of the
United States not provided with authority to compel compliance;
(q) Proceedings to compel the giving of testimony or production of documents in this
District:
(1) in connection with discovery;
(2) in connection with testimony de bene esse;
(3) for perpetuation of testimony; or
(4) for use in a matter pending or contemplated in another U. S. District Court;
(r) Proceedings requesting injunctive or other emergency relief; and
(s) Proceedings involving water rights matters.
V. DISCOVERY
RULE 26. Discovery.
26.1 Form of Discovery Requests.
(a) Requirements of Serving Party.
(1) Space to Respond. A party, when serving the following documents, must provide
space, when not on a diskette, for an answer, response or objection after each:
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(b)
• interrogatory;
• request for production of documents or things; or
• request for admission.
(2) Numbering. Regardless of the number of sets, a party must sequentially number:
• interrogatories;
• requests for production of documents or things; or
• requests for admissions.
For example, the first set of interrogatories is numbered 1-10; the same party's second
set of interrogatories is numbered 11-20, etc.
Requirements of Responding Party. The party answering, responding or objecting
to a discovery request must either set forth the answer, response or objection in the space
provided or quote fully each interrogatory or request before any answer, response or
objection.
26.2 Certification of Service. The following documents must be served, but not filed with the
Clerk. Only a certificate indicating the date of service is filed.
(a) interrogatories;
(b) requests for production or inspection;
(c) requests for admissions;
(d) responses to (a)-(c);
(e) initial disclosures as described in FED. R. CIV. P. 26(a)(1); and
(f) expert witness reports as described in FED. R. CIV. P. 26(a)(2).
26.3 Required Disclosures. All provisions of FED. R. CIV. P. 26 are applicable to actions in this
District, unless specifically exempted by local rule.
(a) Exemptions from Initial Disclosures. The following are exempted:
(1) all disclosure in cases excluded from case management procedures by
D.N.M.LR-Civ. 16.3; and
(2) disclosure of experts having knowledge of the case who are used for the sole
purpose of case preparation and not as witnesses.
(b) Exemption from Expert Report Disclosure. Treating physicians need not prepare an
expert report as required by FED. R. CIV. P. 26(a)(2)(B).
(c) Exemption When Joint Status Report Filed. When required disclosures have
previously been made in the Joint Status Report pursuant to D.N.M.LR-Civ. 16.1, the
required disclosures pursuant to FED. R. CIV. P. 26 may incorporate portions of the Joint
Status Report.
(d) Required Initial Disclosure. In all cases in which the physical or mental medical
condition of a party is an issue, the party whose condition is an issue must make a good
faith effort to produce the following information that the disclosing party may use to
support its claims or defenses, unless solely for impeachment:
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(e)
(1) a list of the name, address and phone number of any healthcare provider, including
without limitation, any physicians, dentists, chiropractors, mental health counselors,
clinics and hospitals which have treated the party within the last five (5) years
preceding the date of the occurrence set forth in the pleadings and continuing
through the current date;
(2) all records of such healthcare providers which are already in that party's possession,
which will be made available for inspection and copying by all other parties to the
action;
(3) for each healthcare provider, a signed authorization to release medical records form,
as set forth in Appendix "A." Within fourteen (14) days after receiving medical
records by use of these authorization forms, a party must make the records available
for inspection and copying by all other parties to the action.
Duties in Responding to Initial Disclosures. When information, records or a release
subject to this rule is withheld on a claim that it is privileged or subject to objection, or
that disclosure is prohibited by regulation or statute, the claim must be made expressly
in writing and must be supported by a description of the nature of the documents, or
things not produced that is sufficient to enable the demanding party to contest the claim.
26.4 Timing of Discovery and Initial Disclosures.
(a) Discovery. A party may not seek discovery under these rules or the Federal Rules of
Civil Procedure before the parties have conferred as required by FED. R. CIV. P. 26(f)
except by agreement of all parties or by Court order.
(b) Party Entering Case After Initial Scheduling Conference. A party first served or
joined after the Initial Scheduling Conference must meet all established case
management deadlines. If the deadline for initial disclosures has passed, the party
must comply with FED. R. CIV. P. 26(a)(1).
26.5 Changing Discovery Limitations.
(a) General Limits. The Court, sua sponte or on motion by a party, may change the
limitations on discovery imposed by federal or local rule and may fashion discovery to
meet special circumstances.
(b) Number of Interrogatories. Unless otherwise ordered by the Court, to serve more
interrogatories than are allowed by FED. R. CIV. P. 33, a party must file a motion in
accordance with D.N.M.LR-Civ. 7, which sets forth the proposed interrogatories and
explains why they are necessary.
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26.6 Objections to Discovery. A party served with objections to:
• an interrogatory;
• request for production or inspection; or
• request for admission
must proceed under D.N.M.LR-Civ. 37.1 within twenty-one (21) days of service of an
objection unless the response specifies that documents will be produced or inspection
allowed. In this case, the party must proceed under D.N.M.LR-Civ. 37.1 within twenty-one
(21) days after production or inspection of the documents.
Failure to proceed within this time period constitutes acceptance of the objection. For good
cause, the Court may, sua sponte or on motion by a party, change the twenty-one (21) day
period.
RULE 30. Depositions.
30.1 Notice of Deposition. Counsel must confer in good faith regarding scheduling of
depositions before serving notice of deposition. Service of notice of deposition in
accordance with FED. R. CIV. P. 30(b) must be made at least fourteen (14) days before the
scheduled deposition. Proof of service of notice to take a deposition is not filed with the
Clerk except when the adequacy or content of the notice is the basis for a motion, or response
to a motion, relating to FED. R. CIV. P. 30 or 31. The time for serving notice may be
shortened by agreement of all parties or by Court order.
30.2 Non-Appearance at Deposition. Failure of a deponent to appear at the time and place
designated may be regarded as a willful failure to appear pursuant to FED. R. CIV. P. 37(d) or
contemptible conduct pursuant to FED. R. CIV. P. 45(e),
• unless a motion for protective order and a notice of non-appearance are served at least
seven (7) days before the scheduled deposition; or
• if the Court finds the motion for protective order is frivolous or for dilatory purposes.
30.3 Filing of Depositions. Deposition transcripts are not filed unless otherwise ordered.
30.4 Filing of Certificate of Completion of Deposition. A certificate of completion of
deposition is not filed unless otherwise ordered.
30.5 Deposition Fees. A court reporter must certify in a deposition transcript the reporter's fees
for the deposition.
30.6 Final Disposition of Deposition Transcripts. After final disposition of a civil action, the
Clerk will return to the submitting party all depositions filed.
RULE 37. Failure to Make Disclosure or Cooperate in Discovery.
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37.1 Relief Sought in Protective Order and Motion to Compel. A party seeking relief
pursuant to FED. R. CIV. P. 26(c) or 37(a) must attach to the motion a copy of:
(a) the interrogatory, request for production or inspection, relevant portion of deposition
transcript, or request for admission; and
(b) the response or objection thereto.
The motion must comply with the requirements of D.N.M.LR-Civ. 7.
37.2 Time to Respond. A party must respond to a discovery request within the time specified in
the Court order compelling discovery. Absent a specific designation of time in the order, a
party must respond within the time allowed for response to the original request.
37.3 Compliance with Discovery Order Pending Appeal of the Order. A party's duty to
comply with a discovery order is not stayed by filing an appeal from or objection to the order,
unless otherwise ordered.
VI. TRIALS
RULE 40. Trial Continuances.
40.1 Continuances. Good cause must be shown for continuance of a trial.
RULE 41. Dismissal of Action Without Prejudice.
41.1 Dismissal for Want of Prosecution. A civil action may be dismissed if, for a period of
ninety (90) days, no steps are taken to move the case forward. The Clerk will give written
notice that the action may be dismissed thirty (30) days after the date of the notice, unless
good cause is shown.
41.2 Non-Conforming Papers. An action filed with any non-conforming paper may be
dismissed, without prejudice, for failure to remedy the deficiency within forty-five (45) days
of entry of notice in accordance with D.N.M.LR-Civ. 10.3(c).
VII. JUDGMENT
RULE 54. Judgment; Costs.
54.1 Motion to Tax Costs. A motion to tax costs must be filed and served on each party within
thirty (30) days of entry of judgment. Failure to file and serve within this time period
constitutes waiver of a claim to costs. The motion must comply with the requirements of
D.N.M.LR-Civ. 7 and must include:
• an itemized cost bill documenting costs and including receipts as required by rule or
statute; and
• a party's affidavit that the costs are allowable by law, correctly stated and necessary to the
litigation.
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54.2 Taxable Costs.
(a) Transcripts. The cost of an original transcript of a court proceeding is taxable when
requested by a party and authorized by the Court before transcription.
(b) Deposition Costs.
(1) Reporter's Transcript Fees. The reporter's charge for the original or a copy of a
deposition transcript is taxable when the deposition is reasonably necessary to the
litigation.
(2) Reasonably Necessary to the Litigation. A deposition is reasonably necessary to
the litigation when:
(A) a substantial portion of the deposition is admitted into evidence or used at trial
for impeachment purposes;
(B) the deposition is used by the Court in ruling on a motion for summary
judgment; or
(C) the Court so determines.
(c) Witness Costs.
(1) Lay Witness.
(A) The rates for witness fees, mileage and subsistence are set by statute and are
taxable if the witness testifies at trial or at a deposition found reasonably
necessary to the litigation.
(B) The witness will be paid the smaller of:
(i) mileage for the distance from the witness's residence to court; or
(ii) the per diem rate specified by 28 U.S.C. § 1821.
(C) The request for witness costs must be itemized, separating:
• witness fees;
• mileage; and
• allowance for subsistence.
(D) A party will not receive a witness fee, mileage or allowance for subsistence.
(2) Expert Witness Fees. An expert witness fee is not taxable under 28 U.S.C. §1920
unless the Court, sua sponte or on motion by a party, appoints the expert and
approves the fee amount. An expert witness not appointed by the Court will be
paid the same fee as a lay witness.
(d) Interpreter and Translator Fees. An interpreter's fee or translator's fee is taxable if:
(1) the cost of the witness, whose testimony is interpreted or translated, is taxable; or
(2) the translated document is admitted into evidence.
(e) Copies of Papers. The cost for copying an exhibit is taxable when the exhibit is
requested by the Court or when the copy is admitted into evidence in place of an
original.
(f) Maps, Charts, Models, Photographs, Summaries, Computations and Statistical
Summaries. The cost of a photograph, 8" x 10" in size or less, is taxable if the
photograph is admitted into evidence. The following costs are not taxable unless the
Court otherwise orders:
• photographs larger than 8" x 10";
• costs of models; or
• the cost of compiling summaries, computations or statistical comparisons.
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54.3 Costs in Comparative Fault Cases. In comparative fault cases, each party is taxed a
percentage of the total taxable costs. The percentage of costs taxed need not equal the
percentage of a party's fault; distribution of costs is left to the Court's discretion.
54.4 Jury Cost Assessment. All jury costs, mileage and per diem allowances are taxed equally to
all parties when a jury trial is settled or otherwise disposed of:
• in advance of trial
• during trial, but prior to verdict.
No assessment will be made if the Clerk is notified of the settlement before 12:00 noon on the
business day before the action is set for trial or if good cause is shown.
54.5 Application for Award of Attorney's Fees.
(a) Filing of Motion. A motion for attorney's fees not brought pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412(d), must be filed and served within thirty (30)
days after entry of judgment. Failure to file and serve within this time constitutes
waiver of a claim to attorney's fees. Movant must submit a supporting brief and
evidence (affidavits and time records). The motion must comply with
D.N.M.LR-Civ. 7.
(b) Time Records. An attorney must keep concurrent time records in 42 U.S.C. § 1983
cases and in other actions where there is a potential for an award of attorney fees. Time
records are kept by the attorney and are not filed until after final judgment unless
otherwise ordered.
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RULE 56. Summary Judgment.
56.1 Summary Judgment Procedures.
(a) Time for Filing. Motions for summary judgment will not be considered unless filed
within the deadline set in the Joint Status Report to allow sufficient time for the
opposing party to file counter-affidavits and responses thereto, and to permit the Court
reasonable time to hear arguments, if granted, and to consider the merits.
(b) Statement of Material Facts. The moving party must file with the motion a written
memorandum containing a short, concise statement of the reasons in support of the
motion with a list of authorities relied upon (the "Memorandum"). A party opposing
the motion must file a written memorandum containing a short, concise statement of the
reasons in opposition to the motion with authorities (the "Response"). The moving
party may file a written reply memorandum with authorities (the "Reply").
• The Memorandum must set out a concise statement of all of the material facts as to
which the movant contends no genuine issue exists. The facts must be numbered
and must refer with particularity to those portions of the record upon which the
movant relies.
• The Response must contain a concise statement of the material facts cited by the
movant as to which the non-movant contends a genuine issue does exist. Each fact
in dispute must be numbered, must refer with particularity to those portions of the
record upon which the non-movant relies, and must state the number of the movant's
fact that is disputed. All material facts set forth in the Memorandum will be
deemed undisputed unless specifically controverted. The Response may set forth
additional facts other than those which respond to the Memorandum which the
non-movant contends are material to the resolution of the motion. Each additional
fact must be lettered and must refer with particularity to those portions of the record
upon which the non-movant relies.
• The Reply must contain a concise statement of those facts set forth in the Response
which the movant disputes or to which the movant asserts an objection. Each fact
must be lettered, must refer with particularity to those portions of the record upon
which the movant relies, and must state the letter of the non-movant's fact. All
material facts set forth in the Response will be deemed undisputed unless
specifically controverted.
RULE 58. Entry of Judgment.
58.1 Final Judgment Based Upon a Negotiable Instrument. A negotiable instrument that is
the basis of a final judgment must accompany the judgment. The instrument must be:
• filed as an exhibit upon entry of judgment;
• merged into the judgment and marked as merged; and
• marked with the docket number of the action.
The instrument may be delivered to a party only by Court order.
58.2 Proposed Orders and Judgments.
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(a)
(b)
Approval of Order or Judgment. An order or judgment reflecting the Court's
decision and prepared by the prevailing party, submitted in accordance with the
procedure set by the assigned Judge, will be entered if:
(1) all parties approve the order;
(2) a copy of the order or judgment served on each party is not objected to within
seven (7) days of service; or
(3) good cause is shown.
Entry of Order or Judgment. An original order or judgment will be filed in lieu of
making an entry in an order or judgment book. This procedure satisfies the notice of
entry requirement of FED. R. CIV. P. 77(d).
VIII. PROVISIONAL AND FINAL REMEDIES
RULE 65. Sureties.
65.1 Bonds and Other Sureties.
(a) Attorney as Surety. An attorney may not act as a surety for any cost or bond in a case
where the attorney has entered an appearance.
(b) Bond for Costs on Appeal. The Court may require an appellant to file a bond or
provide other security in a form and amount necessary to ensure payment of costs on
appeal.
(c) Corporate Sureties. A surety company must be duly qualified to conduct business in
New Mexico and hold a certificate of authority from the United States Secretary of the
Treasury. An agent executing a bond from a surety company must attach a power of
attorney to the bond.
(d) Supersedeas Bonds.
(1) The amount of a supersedeas bond must cover the judgment, interest and allowable
costs. Interest will be computed at the current rate of United States Treasury
obligations. A party seeking approval of the bond must file a motion that complies
with the requirements of D.N.M.LR-Civ. 7.
(2) The United States, any state, or any of their political subdivisions, officers or agents
need not post a supersedeas bond or other undertaking to secure payment of costs on
appeal.
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RULE 67. Deposit in Court.
67.1 Disbursements from Court Registry.
(a) By Court Order. A party must provide the Court with the following information to be
integrated into a Court order before disbursement of funds will be made:
• the payee's name, address and Social Security number or tax identification number;
• the amount of principal; and
• the amount of interest.
(b) Court Registry Fees. The Clerk will deduct a fee from interest earned on interest
bearing funds in the Court Registry. The Judicial Conference of the United States
authorizes this fee, and the amount is set by the Director of the Administrative Office of
the U. S. Courts. A fee schedule is available from the Clerk.
IX. SPECIAL PROCEEDINGS
RULE 72. Objection to Non-dispositive Pre-trial Matters.
72.1 Procedure. Objections to a non-dispositive pre-trial matter decided by a pre-trial
Magistrate Judge will follow the procedures and requirements set forth in D.N.M.LR-Civ.
7.3, 7.4 and 7.5.
RULE 73. United States Magistrate Judges.
73.1 Direct Assignment of Civil Cases.
(a) Allocation of Civil Case Assignments. Civil casesBexcluding prisoner cases and
bankruptcy appealsBmay be randomly assigned to a Magistrate Judge as the trial
Magistrate Judge (hereinafter "trial Magistrate Judge") to preside over all dispositive
motions, evidentiary hearings and trial; the Court will determine the percentage of civil
cases to be assigned to each trial Magistrate Judge. For every civil case, excluding
Social Security appeals, a Magistrate Judge will be assigned as pre-trial Magistrate
Judge (hereinafter "pre-trial Magistrate Judge") to preside over all non-dispositive
pre-trial matters in accordance with FED. R. CIV. P. 72(a). The pre-trial Magistrate
Judge will also conduct settlement conferences in all civil cases pursuant to
D.N.M. LR-Civ. 16.2 .
(b) Consent to Proceed Before a Trial Magistrate Judge. In a case assigned to a trial
Magistrate Judge, each party's attorney will receive notice in the form of an NEF
("Notice of Electronic Filing") stating in part, that the case "has been randomly assigned
to a U. S. Magistrate Judge to conduct dispositive proceedings in this matter, including
motions and trial." A party proceeding pro se will receive the notice and a form
entitled, "Consent / Refusal to Proceed Before a U. S. Magistrate Judge" (available at
www.nmcourt.fed.us and at the Clerk's Office). Consent or non-consent will be by text
only notice filed by a party's attorney or by a completed consent/refusal form submitted
to the Clerk by a party proceeding pro se. Unless otherwise notified by the Clerk's
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(c)
(d)
Office or the Court, consent by each party must be made no later than twenty-one (21)
days after the entry of the original Order setting the Rule 16 Initial Scheduling
Conference.
Refusal to Proceed Before a Trial Magistrate Judge. A party's failure to timely
indicate consent will be considered that party's refusal of consent to proceed before the
assigned trial Magistrate Judge. If a party explicitly or implicitly refuses consent, the
assigned trial Magistrate Judge will be replaced by a randomly assigned District Judge.
The assigned pre-trial Magistrate Judge will remain the same.
Recusal by A Trial Magistrate Judge. An assigned trial Magistrate Judge may
decline to hear the case if it is determined that the case would interfere with the efficient
and effective processing of cases within the Magistrate Judge's jurisdiction or if a
conflict arises. Upon recusal by an assigned trial Magistrate Judge, the Clerk will
randomly reassign the case to another trial Magistrate Judge. If the recusal occurs before
entry of the Order setting the Rule 16 Initial Scheduling Conference, the procedures in
(b) and (c) will be followed. If the recusal occurs after entry of the Order setting the
Rule 16 Initial Scheduling Conference, the parties will have fourteen (14) days from the
date a new trial Magistrate Judge is randomly assigned to consent or not consent to the
newly assigned trial Magistrate Judge. Failure to timely consent will result in the case
being randomly reassigned to a District Judge.
73.2 Consent to Proceed Before a Pre-Trial Magistrate Judge .
(a) Designation of Magistrate Judge on Cases Not Assigned to a Trial Magistrate
Judge. By consent of all parties, the assigned pre-trial Magistrate Judge may preside
over any dispositive matter, including trial.
(b) Form of Consent. Parties wishing to consent must jointly complete and submit a form
entitled "Notice, Consent, and Reference of a Dispositive Motion (or Civil Action) to a
Magistrate Judge" (available at www.nmcourt.fed.us).
(c) If the parties consent to the originally assigned pre-trial Magistrate Judge as the trial
judge, another Magistrate Judge will be assigned to the case as the pre-trial Magistrate
Judge.
73.3 Appeal of Final Judgment or Order. If the parties consent to proceed before the assigned
trial Magistrate Judge, or consent to have the assigned pre-trial Magistrate Judge preside over
a dispositive matter, including trial, the appeal of a final judgment will be to the United States
Court of Appeals for the Tenth Circuit..
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73.4 Consent to Settlement Conference Conducted by a Magistrate Judge. The parties, by
unanimous agreement, may request a particular Magistrate Judge, who is not the trial or
pre-trial Magistrate Judge, to conduct a settlement conference.
X. DISTRICT COURTS AND CLERKS
RULE 79. Custody of Files and Exhibits.
79.1 Removal of Pleadings and Other Papers From Court File. A Court order is required to
remove any contents of a Court file.
79.2 Return of Exhibits in Civil Actions. In civil cases, the Clerk will return all exhibits after
the trial to the party who introduced same in evidence to be retained until the judgment is
final. Such parties will be responsible for producing the exhibits if required for an appeal
record.
79.3 Fees for Copies of Documents. The Clerk will charge the statutory fee to provide copies of
documents. A person who requests that copies be mailed must provide a pre-addressed,
stamped envelope, unless otherwise approved by the Clerk.
XI. GENERAL PROVISIONS
RULE 81. General Provisions.
81.1 Removed Actions.
(a) Removal From State Court. A party removing an action under 28 U.S.C. § 1446
must file with the Clerk legible copies of records and proceedings from the state court
action within twenty-eight (28) days after filing notice of removal. The expense of
obtaining and filing copies may be taxed as costs in the action.
(b) Remand to State Court or Other Forum. When an action is remanded, the Clerk
will transmit to the state court administrator or appropriate official in another forum, the
court file and a certified copy of the order of remand.
RULE 83. Miscellaneous Rules.
83.1
Courtroom and Courthouse Decorum.
(a) Prohibition Against Cameras, Cellular Telephones with Cameras, Transmitters,
Receivers, and Recording Equipment. No cameras, cellular telephones with cameras,
transmitters, receivers or recording equipment may be brought into or used in any
courtroom or court environs. Environs include:
• the entire floor where a courtroom is located;
• the entire floor where the grand jury meets; and
• the entire floor where a chambers of any Magistrate or District Judge is located.
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(b)
(c)
83.2
Authority to Impound Equipment. The U. S. Marshals Service may impound the
above-described equipment brought into the courtroom or its environs.
Exemptions from Prohibition. The prohibitions of this rule do not apply to:
(1) a stenographic or recording device used by an official court reporter or other
authorized court personnel;
(2) equipment brought into court during investiture, ceremonial or naturalization
proceedings;
(3) a telephone or pager if turned off while court is in session;
(4) a lap-top computer as long as it does not make noise or interfere with court
proceedings and it is not used to record or transmit court proceedings;
(5) a note-taking or other device required because of a person's disability; or
(6) attorneys and jurors with cellular telephones with cameras, but prohibit the use of
the camera or recording features while in the courtroom or court environs; or
(7) court orders authorizing the use of such equipment.
Bar Admission, Membership and Dues [Effective12/1/2014 ]
(a)
Application. An applicant for admission to the bar of this court must be licensed by the
highest court of a state, federal territory, or the District of Columbia, be on active status
in a state, federal territory, or the District of Columbia, and be a member of the bar in
good standing in all courts and jurisdictions where the applicant has been admitted.
Each applicant must complete the application form available from the Clerk, be
approved by the Clerk, pay the admission fee to the Clerk, and take the prescribed oath.
A fee schedule is available at the Clerk’s Office. The admission fee is deposited into
the Treasury of the United States as mandated by the Judicial Conference of the United
States.
(b)
Consent to Jurisdiction; Certification of Familiarity with Local Rules. An attorney
who applies for admission to the bar of this court:
(1)
consents to this court’s exercise of disciplinary jurisdiction over any alleged
misconduct;
(2)
certifies familiarity with the local rules of this court; and
(3)
certifies familiarity with the Rules of Professional Conduct adopted by the
Supreme Court of New Mexico and adopted by this court in D.N.M.LR-Civ.
83.9.
(c)
Member in Good Standing. An attorney admitted to the bar of this court must remain
in good standing in all courts where admitted. In good standing means not suspended or
disbarred by any court for any reason. An attorney whose suspension or disbarment has
been stayed by order of the disciplining court prior to the effective date of the
suspension or disbarment remains in good standing. An attorney who is not in good
standing may not practice before the bar of this court or continue to be an attorney of
record in any pending case. On notice to this court of lack of good standing from the
suspending or disbarring jurisdiction, the clerk of this court shall make a notation in the
court record of such lack of good standing.
(d)
Relief From Rule of Good Standing.
(1)
Applications. An attorney who seeks relief from the rule of good standing in
subdivision (c) must file a request for relief.
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(2)
(3)
(e)
(f)
Standards. It is presumed that discipline imposed by another court against a
member of the bar of this court is appropriate. To obtain relief, the attorney so
disciplined has the burden to establish by clear and convincing evidence:
(A)
that the procedure resulting in discipline by the court was so lacking in
notice or opportunity to be heard as to deny due process,
(B)
that the application of the good standing rules in subdivision (c) would
result in grave injustice, or
(C)
that the kind of misconduct warrants substantially less severe discipline.
Reinstatement by Original Disciplining Court. An attorney who has been
reinstated or readmitted by the original disciplining court, but who remains
suspended or disbarred in a different court for the same conduct as that at issue
in the original disciplining court, may apply for reinstatement or readmission
pursuant to D.N.M.LR-Civ. 83.10(b) and is not disqualified by the requirement
that an attorney be in good standing in all courts where admitted.
Resignation. An attorney may resign from the bar of this court only if the attorney is in
good standing, is not counsel of record in a pending case, and is not the subject of any
disciplinary proceeding before this court.
When Self-Reporting is Required. An attorney who has been admitted to the bar of
this court must notify the clerk of the court in the following circumstances:
(1)
Eligibility. The attorney must remain a licensed member in active status and in
good standing of the bar of at least one state, federal territory, or the District of
Columbia. If at any time these eligibility criteria are not met, the attorney must,
within 14 days after the attorney receives notice of the change in status, notify
the clerk of this court of the change in status and the reason for the change.
(2)
Suspension or Disbarment by Another Court. If the attorney is suspended or
disbarred for any reason by any court, the attorney must, within 14 days of the
date the disciplinary order enters, give written notice to the clerk of this court of
the terms of discipline, the name and address of the court imposing the
discipline, and the effective date of the disciplinary action. An order of
suspension or disbarment that is stayed or appealed must be reported.
(3)
Resignation Pending Investigation of Misconduct. If the attorney resigns
from the bar of any other federal or state court while an investigation into
allegations of misconduct is pending, the attorney must, within 14 days of the
resignation, give to the clerk of this court written notice of the resignation and
the fact that an investigation was pending.
(4)
Pending Charges. If the attorney is charged in any court with a crime as
defined in D.N.M.LR-Civ. 83.13, the attorney must, within 14 days after the
attorney receives notice that the charge has been filed, notify the clerk of this
court in writing of the charge.
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(5)
(g)
(h)
(i)
(j)
Conviction. If the attorney is convicted of a crime as defined in
D.N.M.LR-Civ. 83.13, the attorney must, within 14 days of the conviction,
provide the clerk of this court written notice of the conviction, including the
terms of the conviction, the court entering the conviction, and the date of
conviction. In addition, the attorney must, within 14 days of the conviction
becoming final with no further right of direct appeal, notify the clerk of this
court that the conviction has become final. The definition of conviction in
D.N.M.LR-Civ. 83.13(b) applies to this paragraph.
Effect of Failure To Self-Report. Failure to self-report is a separate cause for
disciplinary action. However, a failure to self-report an administrative suspension for
failure to pay an annual registration fee or to comply with mandatory continuing legal
education requirements does not constitute separate cause for further disciplinary
action by this court.
Bar Dues. Following admission, a member of the Federal Bar must pay dues to the
Clerk on or before January 31 in every odd numbered year.
Failure to Pay Dues. An attorney who fails to pay dues on time will be put on
delinquent status and will not be allowed to practice in this District. The attorney will
be reinstated upon payment of the delinquent dues.
Temporary Waiver of Membership. An eligible attorney who has applied for
membership, but has not yet been admitted, may seek leave of the Court to represent a
party in a specific action.
83.3 Appearance of Attorneys Licensed Outside the District. [Effective 1/1/2012.] An
attorney who is not a member of the Federal Bar may appear in an action, and may file and
serve documents electronically either by associating with a member of the Federal Bar or by
applying to be admitted under these rules:
(a) Association. The non-member attorney must associate with a member of the Federal
Bar as follows:
(1) the Federal Bar member must sign the first pleading, certify that the non-member
attorney is a member in good standing of the bar of a state, a territory, or the District
of Columbia, accept service, and continue in the action unless another Federal Bar
member is substituted; and
(2) the non-member attorney must pay to the Clerk $100 for each case in which the
non-member attorney appears; or
(b) Admission. The non-member attorney must apply to practice in accordance with
D.N.M.LR-Civ. 83.2.
83.4 Entry of Appearance.
(a) Individual Attorney. To participate in a pending proceeding, an attorney must enter an
appearance or obtain leave of the Court to sign and file any pleading, motion, or other
document. The attorney must:
• be eligible to appear under D.N.M.LR-Civ. 83.2 or 83.3;
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•
(b)
(c)
file a written entry of appearance which includes the attorney's name, firm name,
address, telephone number, electronic address, and facsimile number; and
• sign the initial pleading or motion filed on behalf of a party.
Appearance by Law Firm (Including Governmental Entity or Agency Attorney's
Office and Public Defenders). Entry of appearance by a law firm allows any member
of that firm to participate in the action; however, each attorney in the firm wishing to
receive documents from the Clerk must make a written entry of appearance in the
action. A member of a firm may file a withdrawal of appearance from a particular case
without meeting the requirements of D.N.M.LR-Civ. 83.8, provided that at least one
member remains in the case.
Limited Entry of Appearance. An attorney may not appear in a limited manner as
provided in N.M.R. PROF'L CONDUCT 16-303(E) except by Court order.
83.5 Appearance by Party. A party who is represented by an attorney may not personally make
any filings, other than a notice of appeal, or represent himself or herself unless otherwise
ordered.
83.6 Change of Address. All attorneys of record and parties appearing pro se have a continuing
duty to notify the Clerk, in writing, of any change in their firm name, mailing addresses,
telephone numbers, facsimile numbers, or electronic addresses.
83.7 Representation of Corporation, Partnership or Business Entity Other Than a Natural
Person. A corporation, partnership or business entity other than a natural person must be
represented by an attorney authorized to practice before this Court.
83.8 Withdrawal of Appearance. In addition to the provisions of D.N.M.LR-Civ. 83.4(b), an
attorney may withdraw from an action as follows:
(a) Unopposed Motion to Withdraw. The motion to withdraw and proposed order must
indicate consent of the client represented by the withdrawing attorney and:
• notice of appointment of substitute attorney; or
• a statement of the client's intention to appear pro se and the client's address and
telephone number; or
• if the client is a corporation, partnership or business entity other than a natural
person, the client's address and telephone number.
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(b)
(c)
Contested Motion to Withdraw. The attorney must file and serve on all parties,
including the client, a motion to withdraw. The attorney must give notice in the motion
that objections must be served and filed within fourteen (14) days from date of service
of the motion and that failure to object within this time constitutes consent to grant the
motion.
Party is Corporation, Partnership or Business Entity Other Than a Natural
Person. A motion to withdraw from representation of a corporation, partnership or
business entity other than a natural person must include a notice that the corporation,
partnership or business entity other than a natural person can appear only with an
attorney. Absent entry of appearance by a new attorney, any filings made by the
corporation, partnership or business entity other than a natural person may be stricken
and default judgment or other sanctions imposed.
83.9
Rules of Professional Conduct. The Rules of Professional Conduct adopted by the
Supreme Court of the State of New Mexico apply except as otherwise provided by local
rule or by Court order. See, e.g., D.N.M.LR-Civ. 83.4(c). Lawyers appearing in this
District must comply with the section for lawyers of "A Creed of Professionalism of the
New Mexico Bench and Bar."
83.10
Attorney Discipline.
(a)
Disbarment or Suspension of an Attorney. The Court, sua sponte or upon
determining that a member of the Bar of this District Court has been disciplined,
suspended or disbarred by any state or has been convicted of a felony, may
discipline, suspend or disbar the attorney. The Chief District Judge will appoint a
panel of judges to review any state disciplinary proceedings or felony convictions
and, if necessary, conduct a hearing to determine whether discipline, suspension or
disbarment is appropriate.
(b) Procedure for Readmission. An attorney disbarred or suspended must file a
written application setting forth, in detail, the grounds for readmission. An
attorney disbarred or suspended under (a) who files a certification that the
conviction has been vacated or reversed, may seek readmission review in
accordance with the procedures in (a) to determine if disbarment or suspension may
be appropriate even though the conviction has been vacated or reversed.
83.11
Clinical Law Student Practice. A law student participating in the clinical program at the
University of New Mexico School of Law may, under the control and direction of the dean
of the law school, represent a party. A member of the Federal Bar, designated by the dean,
must actively supervise the student and sign any pleading, motion or other paper prepared
by the student. An order authorizing the student's appearance must be filed before the
student appears in court.
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83.12
Complaints of Judicial Misconduct or Disability. A person may lodge a complaint
against a Judge in accordance with 28 U.S.C. § 351, et seq. by obtaining a complaint form
from the Clerk and filing with:
Circuit Executive
United States Court of Appeals for the Tenth Circuit
Byron White U. S. Courthouse
1823 Stout Street
Denver, Colorado 80257
83.13 Conviction of Crime [Effective12/1/2014 ]
(a)
Crime. As used in these rules, a crime for which discipline may be imposed is any
felony, i.e., a crime punishable by a term of imprisonment of more than one year; any
lesser crime that reflects adversely on the honesty, trustworthiness or fitness of the
attorney in other respects; or any crime a necessary element of which, as determined by
the statutory or common law definition of the crime, involves interference with the
administration of justice, false swearing, misrepresentation, fraud, deceit, bribery,
extortion, misappropriation, theft, or an attempt, conspiracy or solicitation to commit a
crime.
(b)
Conviction. As used in these rules, a conviction includes a verdict of guilty, a plea of
guilty, or a plea of nolo contendere, regardless of whether entry of judgment of
conviction or imposition of sentence is suspended or deferred by the court.
(c)
Duty of the Clerk. After receiving notice of a conviction of a member of the bar of this
court for a crime as defined in subdivision (a), the clerk must immediately notify the
Chief Judge and the attorney.
(d)
Interim Suspension.
(1)
General Procedure. The Chief Judge may place an attorney on interim
suspension immediately on proof of a conviction of the attorney for a crime as
defined in subdivision (a), regardless of the pendency of any appeal.
Alternatively, the Chief Judge may refer the attorney to a panel of judges for
investigation and recommendation pursuant to D.N.M.LR-Civ.83.10(a).
(2)
Opportunity to Object. The attorney may submit in writing any objection that
establishes that the suspension may not properly be ordered, such as proof that
the crime did not constitute a crime as defined in subdivision (a) or that the
attorney is not the individual convicted.
(3)
Termination. On a written showing by the attorney of extraordinary
circumstances, the Chief Judge may vacate an order of suspension.
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(4)
(e)
(f)
Effect of Reversal or Vacatur of Conviction. With the exception of a guilty
plea resulting in a deferred judgment or sentence, if an attorney suspended
under this rule demonstrates that the underlying conviction has been reversed or
vacated, the order of interim suspension shall be vacated and the attorney
reinstated. The vacatur of the interim suspension does not automatically
terminate any disciplinary proceeding then pending against the attorney.
Formal Charges. When the conviction for a crime as defined in subdivision (a) is the
result of a guilty verdict, on conclusion of direct appeal, the Clerk of the Court must
submit formal charges to the Chief Judge. The Chief Judge will appoint a panel of
judges pursuant to D.N.M.LR-Civ. 83.10(a) to determine the nature and extent of the
discipline to be imposed.
Other Grounds for Discipline. Notwithstanding the disposition of criminal charges,
the panel of judges may consider the underlying facts to determine if disciplinary
proceedings are warranted.
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LOCAL FORM 1
HIPAA
AUTHORIZATION TO DISCLOSE PROTECTED HEALTH INFORMATION
MEDICAL RECORDS
THIS DOCUMENT DOES NOT AUTHORIZE RELEASE OF ANY RECORDS CONCERNING
OR RELATED TO ANY ALCOHOL, DRUG, HIV OR PSYCHIATRIC CARE, TESTING OR TREATMENT
Patient name: ____________________ D.O.B.: ___/___/___ S.S.N.: _____________
Dates of Treatment: beginning _______ through ________
[relevant time period must be inserted]
AUTHORIZATION:
I, _____________________________________, authorize the disclosure of my protected
health information as described herein.
1.
I authorize the following person(s) and/or organization(s) to disclose the protected
health information described in paragraph 3.
[individual medical provider name must be inserted]
2.
I authorize the following person(s) and/or organization(s) to receive the protected
health information described in paragraph 3.
[individual firm or lawyer must be inserted]
3.
The records authorized to be released include:
all medical records and billing records including without limitation: medical reports,
clinical notes, nurse=s notes, history of injury, subjective and objective complaints,
(USDC, DNM Local Form 1, Page 1)
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 40 of 42
x-rays, x-ray reports or interpretations, other diagnostic tests (including a copy of
the report), diagnosis and prognosis; if applicable, emergency room records or
logs, history and physical examination report, laboratory reports, tissue committee
reports, reports of operation, operation logs, progress notes, doctors= orders,
nurse=s notes, physical therapy records, admission and discharge summaries,
and all out-patient records; hospital bills, bills for the services you have rendered,
bills for medication; and any other documents, records, or information in your
possession relative to my past, present or future physical condition.
4.
I expressly waive any laws, regulations and rules of ethics which might prevent any
health care provider who has examined or treated me from disclosing my records
pursuant to this Authorization.
5.
The purpose of this Authorization relates to a legal action now pending in the
United States District Court for the District of New Mexico.
6.
I understand that I may revoke this Authorization at any time by sending a letter to
the person or organization listed in paragraph one (1), except to the extent that
such person(s) and/or organization(s) may have already taken action in reliance
on this Authorization. If I do not sign, or if I later revoke, this Authorization, the
services provided to me by such person or organization will not be affected in any
way.
7.
This Authorization expires one year from its date of execution.
8.
THIS AUTHORIZATION DOES NOT PERMIT THE PERSON OR
ORGANIZATION LISTED IN PARAGRAPH TWO (2) TO OBTAIN OR REQUEST
FROM THE MEDICAL PROVIDER IDENTIFIED IN PARAGRAPH ONE (1) ORAL
STATEMENTS, OPINIONS, INTERVIEWS, OR REPORTS THAT ARE NOT
ALREADY IN EXISTENCE.
9.
Copying costs will be borne by the person or organization named in paragraph
two (2).
10.
A photocopy or facsimile of this Authorization is as valid as an original.
11.
I understand that a potential exists for information that is disclosed pursuant to this
Authorization to be subject to re-disclosure by the recipient and therefore be no
longer protected by federal confidentiality rules.
SIGNATURE OF PATIENT OR
AUTHORIZED REPRESENTATIVE:
CAPACITY OF REPRESENTATIVE,
IF APPLICABLE:
DATE OF SIGNATURE:
_____________________________________
(USDC, DNM Local Form 1, Page 2)
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 41 of 42
LOCAL FORM 2
HIPAA
AUTHORIZATION TO DISCLOSE PROTECTED HEALTH INFORMATION
MENTAL HEALTH RECORDS
Patient name: ____________________ D.O.B.: ___/___/___ S.S.N.: _____________
Dates of Treatment: beginning _______ through ________
[relevant time period must be inserted]
AUTHORIZATION:
I, _____________________________________, authorize the disclosure of my
protected health information as described herein.
1.
I authorize the following person(s) and/or organization(s) to disclose the protected
health information described in paragraph 3.
[individual medical provider name must be inserted]
2.
I authorize the following person(s) and/or organization(s) to receive the protected
health information described in paragraph 3.
[individual firm or lawyer must be inserted]
3.
The records authorized to be released include:
[
] complete copy of medical records
[
] test results
[
] other
(USDC, DNM Local Form 2, Page 1)
Case 1:14-mc-00004 Document 46-1 Filed 12/01/14 Page 42 of 42
4.
I expressly waive any laws, regulations and rules of ethics which might prevent any
health care provider who has examined or treated me from disclosing my records
pursuant to this Authorization.
5.
The purpose of this Authorization relates to a legal action now pending in the
United States District Court for the District of New Mexico.
6.
I understand that I may revoke this Authorization at any time by sending a letter to
the person or organization listed in paragraph one (1), except to the extent that
such person(s) and/or organization(s) may have already taken action in reliance
on this Authorization. If I do not sign, or if I later revoke, this Authorization, the
services provided to me by such person or organization will not be affected in any
way.
7.
This Authorization expires one year from its date of execution.
8.
THIS AUTHORIZATION DOES NOT PERMIT THE PERSON OR
ORGANIZATION LISTED IN PARAGRAPH TWO (2) TO OBTAIN OR REQUEST
FROM THE MEDICAL PROVIDER IDENTIFIED IN PARAGRAPH ONE (1) ORAL
STATEMENTS, OPINIONS, INTERVIEWS OR REPORTS THAT ARE NOT
ALREADY IN EXISTENCE.
9.
Copying costs will be borne by the person or organization named in paragraph
two (2).
10.
A photocopy or facsimile of this Authorization is as valid as an original.
11.
I understand that I have a right to examine the information to be disclosed, unless
deemed that such disclosure is not in my best interest.
12.
I understand that a potential exists for information that is disclosed pursuant to this
Authorization to be subject to re-disclosure by the recipient and therefore be no
longer protected by federal confidentiality rules.
SIGNATURE OF PATIENT OR
AUTHORIZED REPRESENTATIVE:
CAPACITY OF REPRESENTATIVE,
IF APPLICABLE:
DATE OF SIGNATURE:
_____________________________________
(USDC, DNM Local Form 2, Page 2)
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.