N.M. Jud. Standards Comm'n Rule 9

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.