N.M. 1st Jud. Dist. Updated Protocol in Criminal Cases

PROTOCOL IN CRIMINAL CASES FOR

ELECTRONIC SUBMISSION OF DOCUMENTS TO

DIVISION V OF THE FIRST JUDICIAL DISTRICT COURT

A. INTENT:

At this time of transition to ele ctronic filing for criminal cases in Division V of the First Judicial

District Court, it is appropriate to modernize th e method by which documents are submitted to

Division V in order to increase judicial effici ency and access as well as to promote timely and

considered scheduling of hearings.

B. GENERAL PROVISIONS:

1. All documents submitted by counsel to Division V pursuant to this Protocol shall be sent via

email to the following address: sfeddiv5proposedtxt@nmcourts.gov

2. No electronic submission of documents shall be sent to any other email address associated

with Division V staff.

3. Only electronic submissions shall be sent to the above email address. No other

correspondence shall be sent to the above address.

4. All emails sent to the above address shall be sent simultaneously to the email address of

opposing counsel, except for emails concerning transport orders.

5. All transport orders shall be submitted with su fficient time for Division V staff to process

the order before the deadline set by the trans porting agency for receipt of such orders. If

the need to transport a defendant becomes un necessary at any time after submission, or

issuance, of a transport order, counsel who requested the order shall immediately contact the

transporting agency and inform of the need to cancel the transport.

6. All requests and orders for telephonic appear ance shall be submitted more than two (2)

business days before the affected hearing, excep t that when a hearing is set with notice of

less than three (3) business days, requests and orders may be submitted less than two (2)

business days before the affected hearing. All requests and orders for telephonic appearance

shall contain the phone number at which counsel may be contacted.

7. All motions and orders for continuance of a he aring shall be submitted more than three (3)

business days before the affected hearing.

8. All submitted orders shall be in Microsoft Word format.

9. Any electronic submission that does not comply with this Protocol will not be processed and

no action will be taken by the Court.

10. Unless explicitly ordered by the Court, counsel shall not submit a paper copy of any motion

or order described in this Protocol to Division V.

11. After December 1, 2019, Division V will not se nd a paper copy of an y order described in

this Protocol to any counsel.

12. In order to receive a copy of any order described in this Protocol for any case, counsel must

be registered in Odyssey as a Service Contact for the case.

C. PROCEDURE:

1. PROPOSED ORDERS:

Unless a Proposed Order is provided to the Court (1) in person, (2) in open court, and (3) on the

same date as the hearing in which the Court rules on the corresponding motion, counsel for the

party prevailing on the motion shall submit a Proposed Order via email within the deadline

prescribed by any rule or the Court.

CRIMINAL[space]–[space](defendant’s first and last name)[space]–[space](title of document)

[space]–[space](case number(s))

CRIMINAL – John Doe – Order on Motion to Suppress – D-117-CR-2019-00000

2. STIPULATED ORDERS:

If both counsel have stipulated to an order wi thout the necessity of a hearing, counsel for the

moving party shall submit via email a Stipulated Or der and a copy of the filed Stipulated Motion,

which shall contain: (1) the type of order reques ted; (2) the reason for the order requested; (3) the

name of counsel for the non-moving party; (4) the date and time of the stipulation; and (5) the mode

of communication by which the stipulation was received by the moving party.

STIPULATED[space]–[space](defendant’s first and last name)[space]–[space](title of

STIPULATED – John Doe – Release Order – D-117-CR-2019-00000

STIPULATED – John Doe – Waiver of Arraignment and Conditions of Release – D-117-CR-2019-

00000; D-117-CR-2018-00000; D-117-CR-2017-00000

3. TRANSPORT ORDERS:

Counsel requesting transport of a defendant from custody to a hearing shall submit a transport order

via email in compliance with General Provision 5.

Multiple transport orders may be submitted in a sing le email if the date of transport is the same for

each order. Otherwise, transport orders for di fferent dates of transport shall be submitted in

separate emails.

TRANSPORT[space]–[space](date of transport)

TRANSPORT – January 1, 2019

4. EXPEDITED MOTIONS:

After filing, counsel for the movi ng party shall submit via email a copy of the filed Expedited

Motion along with (1) a blank Noti ce of Hearing and (2) a copy of the filed Request for Hearing,

which shall contain: (a) the type of hearing requ ested; (b) the length of time requested for the

hearing; (c) the name of each witness expected to te stify at the hearing; (d) whether the defendant is

in custody and, if so, the name of the detention fa cility; and (e) the date by which the hearing must

be held given (i) any deadline set by rule or the Co urt or (ii) the reason fo r requesting an expedited

decision.

EXPEDITED[space]–[space](defendant’s first and last name)[space]–[space](title of

EXPEDITED – John Doe – Motion for Furlough – D-117-CR-2019-00000

If a Response to an Expedited Motion is filed, counsel for the filing party shall submit via email a

filed copy of the Response.

EXPEDITED[space]–[space]RESPONSE[space]–[space](defendant’s first and last

name)[space]–[space](title of document)[space]–[space](case number(s))

EXPEDITED – RESPONSE – John Doe – Motion for Furlough – D-117-CR-2019-00000

5. PRETRIAL DETENTION MOTIONS:

After filing, the State shall submit via email a copy of the filed Pretrial D etention Motion along with

(1) a blank Notice of Hearing and (2 ) a copy of the filed Request for Hearing, which shall contain:

(a) the length of time requested for the hearing; (b ) the name of each witness expected to testify at

the hearing; (c) whether the defendant is in custody and, if so, the name of the detention facility; and

(d) the date by which the hearing must be held pursuant to Rule 5-409 NMRA.

DETENTION[space]–[space](defendant’s first and last name)[space]–[space](case number(s))

DETENTION – John Doe – D-117-LR-2019-00000

If an Amended Pretrial Detention Motion is filed, the State shall submit via email a filed copy of the

Amended Motion.

DETENTION[space]–[space]AMENDED([space]number if more than one)[space]–

[space](defendant’s first and last name)[space]–[space](case number(s))

DETENTION – AMENDED – John Doe – D-117-LR-2019-00000

DETENTION – AMENDED 2 – John Doe – D-117-LR-2019-00000

If a Response to a Pretrial Detention Motion is filed, Defense Counsel shall submit via email a filed

copy of the Response.

DETENTION[space]–[space]RESPONSE[space]–[space](defendant’s first and last

name)[space]–[space](case number(s))

DETENTION – RESPONSE – John Doe – D-117-LR-2019-00000

6. OTHER MOTIONS – PACKETS:

Pursuant to Rule LR1-201 NMRA, counsel for th e moving party shall compile a Motion Packet and

submit the Packet via email along with (1) a blank Notice of Hearing and (2 ) a copy of the filed

Request for Hearing, which shall contain: (a) the ty pe of hearing requested; (b) the length of time

requested for the hearing; (c) the name of each witne ss expected to testify at the hearing; (d) a list of

all non-paper exhibits filed with the Clerk’s Office and referenced in the motions; (e) the date of jury

selection, if currently set in the case; (f) whether th e defendant is in custody and, if so, the name of

the detention facility; (g) the date by which the hearing must be held given any deadline set by rule

or the Court; and (h) the amount of time needed by the moving party to prepare for the hearing and

the reason why (e.g., “The movant needs two weeks from this date of filing before the hearing can be

held in order to subpoena witnesses.”).

PACKET[space]–[space](defendant’s first and last name)[space]–[space](title of

PACKET – John Doe – Motion to Admit 404(B) Evidence – D-117-CR-2019-00000

PACKET – John Doe – Motion to Suppress – D-117-CR-2019-00000

Unless explicitly ordered by the Court, (1) no courtesy copy of any motion shall be submitted, via

email or otherwise; (2) no motion shall be subm itted individually; and (3) no motion shall be

submitted before all responsive deadlines have expired.

7. REQUEST FOR HEARING WITHOUT MOTION:

Counsel filing a request for hearing without a motion ( e.g., a request for a scheduling conference,

status hearing, sentencing hearing, etc.) shall submi t via email the following: (1) a blank Notice of

Hearing and (2) a copy of the filed Request for Hearing, which shall contain: (a) the type of hearing

requested; (b) the length of time requested for the hearing; (c) the name of each witness expected to

testify at the hearing; (d) whether the defendant is in custody and, if so, the name of the detention

facility; (e) the date by which the hearing must be held given any deadline set by rule or the Court;

and (f) the amount of time needed by the filing party to prepare for the hearing and the reason why.

HEARING[space]–[space](defendant’s first and last name)[space]–[space](title of

HEARING – John Doe – Request for Status Hearing – D-117-CR-2019-00000

8. PLEA CONFERENCES

Counsel requesting a plea conference shall submit via email the following: (1) a copy of the filed

Request for Plea Conference which shall contain: (a) the length of time requested for the plea

conference and (b) whether the defendant is in custod y and, if so, the name of the detention facility;

(2) a blank Notice of Plea Conference; (3) a copy of the signed plea and di sposition agreement; and

(4) a copy of the completed sentencing worksheet.

PLEA[space]–[space](defendant’s first and last name)[space]–[space](case number(s))

PLEA – John Doe – D-117-CR-2019-00000