N.M. Sup. Ct. attorney efiling

Attorney eFiling

in the Supreme Court of New Mexico

New to File and Serve?

Before going any further, please visit the Supreme Court’s website at:

https://supremecourt.nmcourts.gov/about-this-court/efiling/

and follow the instructions in the Getting Started section to:

1. Get your CAID Number

2. Create a File and Serve Firm Account, User Accounts, and Supreme

Court Waiver Account

3. Sign up for Webex Training

This document provides useful tips for using the File and Serve system in Supreme

Court. This document is not a comprehensive guide for using the File and Serve

system. The complete set File and Serve User Guides and other training resources

can be found in Self-S ervice Support section of the Tyler Technologies website at

https://odysseyfileandserve.zendesk.com/hc/en-us/categories/360003801792

Important Information and Helpful Tips for eFiling

1. Electronic filing and service will be available in the Supreme Court at no

charge.

2. P

ayment of the $125 docket fee to initiate a case, however, cannot be

accepted through the File and Serve system at this time. Accordingly, for

those cases initiated in the Supreme Court through the File and Serve system

for which a docket fee is due, payment must be made by check made payable

to the New Mexico Supreme Court and received by the Supreme Court Clerk’s

Office no later than 5 days after the case is accepted f or filing. For more

information, please see Rule 12-307.2(C) NMRA.

3. Electronic filing and service rules are mandatory for all cases pending or

filed on or after July 1, 2017. All attorneys must add themselves as service

contacts within the File and Serve system for any pending cases i n which

they are an attorney of record as soon as possible. See Rule 12-307.2

NMRA.

4. Initial Filing Code Selections When Filing a New Case:

a. Location: Supreme Court

b. Category: Appellate

c. Case Type – Choose the applicable case type from the dropdown list.

Please note the Clerk’s Office may revise the case type to a more

appropriate selection when accepting your case for filing.

d. Filing Type: EFile

e. Filing Code – Please select the most specific opening (OPN) event code

appropriate to your case from the drop-d own list. Please note the

Clerk’s Office may revise the event code to a more appropriate

selection when accepting your document for filing. Please note that

any OPN codes with a prefix of BBE, DSC, or JSC may only be selected

by attorneys filing a case arising out of a Board of Bar Examiners,

Disciplinary Board, or Judicial Standards Commission proceeding.

f. Filing Description: Please Leave Blank. Any text typed into this field

will be deleted before the document is accepted for filing.

g. Reference Number: This is a required field in the File and Serve

software, but the Supreme Court does not require any specific

information to be provided in this field. The filer’s initials or some

other internal tracking information that would be useful for the filer’s

purposes will suffice.

h. Lead Document and Attachments: The Supreme Court generally

prefers that any attachments to a pleading be included as part of the

lead document submitted for filing rather than as an attachment to

the lead document.

5. Subsequent Filing Code Selections for Filing into Existing Cases

a. Filing Type: EFile, or EFileandServe, or Serve

b. Filing Code: Please select the most specific event code appropriate

to your filing from the drop-d own list. Please note the Clerk’s

Office may revise the event code to a more appropriate selection

when accepting your document for filing. Please note that any

codes with a prefix of BBE, DSC, or JSC may only be selected by

attorneys filing documents in a Supreme Court case arising out of a

Board of Bar Examiners, Disciplinary Board, or Judicial Standards

Commission proceeding.

c. Payment Account: Select Supreme Court Waiver Account

d. Filing Description: Please Leave Blank. Any text typed into this field

will be deleted before the document is accepted for filing.

e. Reference Number: This is a required field in the File and Serve

software, but the Supreme Court does not require any specific

information to be provided in this field. The filer’s initials or some

other internal tracking information that would useful for the filer’s

purposes will suffice.

f. Lead Document and Attachments: The Supreme Court generally

prefers that any attachments to a pleading be included as part of

the lead document submitted for filing rather than as an

attachment to the lead document.

6. Service Contact: Add others within the Firm Account as service contacts in

each case.

All attorneys must add themselves as service contacts within the File and

Serve system for any pending cases in which they are an attorney of record

as soon as possible. See Rule 12-307.2 NMRA.

7. Certificate of Service: Th e certificate of service may be included as part of

the document submitted for filing or may be included as a separate

document submitted for filing provided it is included in the same envelope

as the document to which it pertains.

8. Parties: Add only the parties that the filing attorney is representing.

9. Document Format: The formatting of an electronically filed document must

adhere to applicable requirements in Rule 12-305 NMRA. All electronically

filed documents must be in PDF format.

10. Accepted or Rejected Filings

a. Upon review, the Supreme Court will accept or reject the filing.

b. If accepted, a “Filing Accepted” notice will be emailed to the filer and

service contacts.

i. Some filers, after receiving the “Filing Accepted” notice, may

receive a follow-up “Notice of Non-Conforming Pleading” if the

pleading does not complying with formatting and other

requirements under the Rules of Appellate Procedure. The

notice will provide the filing attorney with directions for filing a

Conformed Pleading with any required corrections.

c. If rejected, a “Filing Rejected” notice will be emailed to the filer and

service contacts with notes indicating the rejection reason.

d. The Clerk’s Office may only reject a document submitted for filing for

a limited number of reasons such as:

i. No signature on pleading

ii. Unreadable scans

iii. Document filed into wrong case or court

iv. Document filed without a caption or, for subsequent filings,

without a case number

11. Paying Fees in the Supreme Court

a. Although no electronic convenience fees are charged for el ectronic

filing and service in Supreme Court cases, the filing attorney will need

to establish the Supreme Court Waiver Account for use as the Payment

Account in the File and Serve system.

b. Payment Account: The filing attorney must choose the Supreme Court

Waiver Account for filings to the Supreme Court, which will indicate a

$0.00 filing fee in all the documentation filed.

c. New cases are assessed a $125.00 docket fee, unless the filing party is

granted free process under Rule 23-1 14 NMRA or is exempt from paying

the docketing fee under Rule 12-304 NMRA. The Free Process Waiver

Account Guide can be found at https://content.tylerhost.net/docs/nm/

Free_Process_Waiver_Guide_via_File_and_Serve_v4.0_06072017.pdf

d. The Application for Free Process Form can be found at: https://

nmonesource.com/nmos/forms/en/item/16576/index.do?q=4-222

e. Docket fee payments must be made by check payable to the Supreme Court

of New Mexico and mailed to the Supreme Court Clerk’s Office at P.O. Box

848, Santa Fe, NM 87504.

f. Checks must include the case number in the notation field, which can be

found on the “Filing Accepted” email notice. The case number will have a

prefix of “S-1-SC-.”

12. Dismissal without Prejudice for Nonpayment of Docket Fee

a. If the docket fee is not received by the Clerk’s Office within 5 days after

the case is accepted for filing, the case may be Dismissed Without

Prejudice under Rule 12-307.2(C)(5) NMRA.

b. To seek reinstatement of a case that was Dismissed Without Prejudice

for failure to pay the docket fee, a motion for reinstatement must be

filed in accordance with Rule 12-307.2(C)(6) NMRA.

i. The motion for reinstatement must be filed within 15 days after

the date of the dismissal order.

ii. The docketing fee must be received by the Supreme Court on or

before the date the motion for reinstatement is filed with the

Supreme Court.

iii. The check for the $125 docket fee must be made payable to the

Supreme Court of New Mexico and the Supreme Court case

number must be written on the check.

iv. The motion for reinstatement must be submitted as a

subsequent filing into the case using the original Supreme Court

case number using the following reopening filing code: “R PN:

Motion to Reinstate.”

v. If the motion is granted, the Court will issue an order reinstating

the case and the case will be deemed initiated on the date that

the proceeding was originally filed.

13. The Record Proper, Transcript, and Exhibits

a. Electronic filing does not apply to a record proper filed under Rule

12-209 NMRA, a transcript filed under Rule 12-2 11, and exhibits

filed under Rule 12-212 NMRA. See Rule 12-307.2(A)(2).

b. Notices related to the designation and filing of the record proper,

transcript, and exhibits may be electronically filed and served.

c. For access to the record proper, transcript, or exhibits, please contact

the Supreme Court Clerk’s Office.