A.Appearance by an individual, pro se or attorney. A defendant to any criminal action may appear, defend, and appeal any proceeding without an attorney, pro se, or may appear through an attorney as provided in Paragraph D below. Non-attorneys may not represent individuals, except as provided in Paragraphs B and C of this rule.B.Pro se appearance by an individual on behalf of corporation or limited liability company. If the defendant is a corporation or limited liability company, whose voting shares or memberships are held by a single shareholder or member, or a closely knit group of shareholders or members all of whom are natural persons active in the conduct of the business, and the appearance is by an officer or general manager who has been authorized to appear on behalf of the corporation or limited liability company, then this individual may appear, defend, and appeal any proceeding on behalf of the defendant corporation or limited liability company.C.Pro se appearance by an individual on behalf of general partnership. If the defendant is a general partnership that meets all of the following qualifications: (1) the partnership has less than ten partners, whether limited or general, except that a husband and wife are treated as one partner for this purpose;(2) all partners, whether limited or general, are natural persons; and(3) the appearance is by a general partner who has been authorized to appear by the general partners, then this individual may appear, defend, and appeal any proceeding on behalf of the defendant general partnership.D.Attorney appearance. Whenever counsel undertakes to represent a defendant in any criminal action, the attorney will file a written entry of appearance, unless the attorney has been appointed by written order of the court. Counsel not admitted to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or territory, shall comply with Rule 24-106 NMRA. For the purpose of this rule, an attorney enters an appearance by: (1) filing of a written entry of appearance or any pleading or paper signed by the attorney; or(2) communicating with the judge in open court on behalf of a defendant. An attorney who enters an appearance by an in-court communication with the judge shall file a written entry of appearance with the court within three (3) days after the communication with the judge.E.Consent and notice. No attorney or firm who has appeared in a cause may withdraw from it without written consent of the court.F.Substitution of counsel. The court may condition consent to withdraw as an attorney upon substitution of other counsel or the filing by a party of proof of service on all parties of an address at which service may be made upon the party. Withdrawing counsel or substitute counsel shall serve on all parties a copy of the motion requesting written consent to withdraw and shall file proof of service with the court.N.M. R. Crim. P. Metro. Ct. 7-107
As amended, effective 9/15/2000;2/16/2004; as amended by Supreme Court Order No. 13-8300-028, effective for all cases pending or filed on or after12/31/2013.Committee commentary. - A friend or family member may not represent a defendant, nor a parent represent a minor child defendant, unless the friend, family member, or parent is a licensed attorney and enters an appearance in the case.
Corporations, limited liability corporations, and partnerships are required to submit an entry of appearance form approved by the Supreme Court, if available.
[Adopted by Supreme Court Order No. 13-8300-028, effective for all cases pending or filed on or after December 31, 2013.]
ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-028, effective December 31, 2013, provided for the pro se appearance of an individual; deleted the former title "Entry of appearance" and added the current title; added Paragraphs A, B, and C; and in Paragraph D, deleted the former title "How entered" and added the current title and added the second sentence, and in Subparagraph (2), in the first sentence, deleted "any communication" and added "communicating". The 2003 amendment, effective February 16, 2004, in Paragraph A substituted "how entered" for "written entry of appearance" in the introductory language, deleted "in the cause" preceding "unless" in the first sentence, and substituted "an attorney may enter an appearance by" for "the" in the last sentence of the introductory paragraph, designated previously undesignated text as Subparagraph (1), substituted "a written entry of appearance or any pleading or paper signed by the attorney; or" for "any pleading signed by counsel constitutes an entry of appearance" in that subparagraph, and inserted Subparagraph (2), substituted present Paragraph B for former Paragraph B, which read "Oral entry of appearance. With permission of the court, an attorney may enter an appearance on behalf of a defendant by oral communication with the court, provided a written entry of appearance is filed within three (3) days", and present Paragraph C for former Paragraph C, which read "Duration of representation. An attorney who has entered an appearance or who has been appointed by the court shall continue such representation until relieved by the court". The 2000 amendment, effective September 15, 2000, in Subsection B, inserted "With permission of the court" at the beginning and deleted "with the clerk of the court or the judge if there is not clerk" at the end and deleted the third sentence which read "Upon the making of an oral entry of appearance, the clerk of the court or the judge shall enter in the file the name, office address and telephone number of the attorney".
For forms on certificate of excusal or recusal, see Rules 4-102 and 9-102 NMRA. For form on notice of excusal, see Rule 4-103 NMRA.