N.M. Jud. Stand. Comm. R. 9

As amended through August 23, 2024

Rule 9 - Motions, filings with the Commission and communications with the Commission or presiding officer

A.Written motion required. Except as otherwise set forth in these rules, any application to the Commission or presiding officer for an order shall be made by motion, which shall state with particularity the grounds therefore, shall cite applicable authority, if any, shall set forth the order or relief sought, and unless made during a hearing on the merits, shall be in writing and shall be filed with the Commission and served upon the non-moving party.

B.Presiding officer decides. Except as set forth below, the presiding officer shall rule on all prehearing motions.

C.Commission decides. Motions requiring the determination of factual issues, motions to amend or dismiss all or any part of a notice of formal proceedings, and motions appealing any order of a presiding officer must be decided by the Commission.

D.No motions for summary judgment. Motions for summary judgment are not permitted in Commission proceedings.

E.Determine if opposed. Before filing a motion allowed by these rules, a party shall determine if the motion will be opposed.

(1) If the motion is unopposed, an order approved by all parties shall be submitted with the motion.

(2) If the motion is opposed, the movant shall recite that concurrence of the other party was requested, but denied.

(3) If concurrence of opposing party is not sought, the movant shall recite the reasons.

(4) If concurrence of opposing party is sought but no response is received, movant shall recite the dates and means by which concurrence was sought.

F.Request for hearing. A request for hearing shall be filed with each opposed motion.

G.Response. The non-moving party may file and serve a response within seven (7) days of service of the motion. A reply may be filed and served by the moving party within seven (7) days of service of the response.

H.Copy to presiding officer. The Commission shall, upon receipt, promptly provide the presiding officer with a copy of a motion, any response, and any reply.

I.Filings. All filings required by these rules shall be made with the Commission. All filings shall conform to policies promulgated by the Commission.

N.M. Jud. Stand. Comm. R. 9

Approved, effective May 1, 2010; as amended, effective March 1, 2019.