N.M. Sup. Ct. Order and Rules for E-Filing in the Supreme Court D

(1) Any document required to be served by Rule 12-307(B) NMRA may be

served on a party or attorney by electronic transmission of the document if

(a) the attorney for the party to be served has registered with the EFS

under this rule or Rule 1-005.2 NMRA;

(b) the party or attorney has agreed to be served with documents by

email; or

(c) the party or attorney has listed an email address on a paper filed

with the Court.

(2) Documents filed by electronic transmission through the EFS may be

served by an attorney through the EFS or may be served through other methods authorized by

this rule, Rule 12-307 NMRA, or Rule 12-307.1 NMRA.

(3) Electronic service is accomplished when the transmission of the document

is completed. If within two (2) days after service by electronic transmission, a party served by

electronic transmission notifies the sender of the electronic transmission that the document

cannot be read, the document shall be served by any other method authorized by Rule 12-307

NMRA as designated by the party to be served.

(4) Proof of service by a party or attorney shall be in the form of written

acknowledgment of service by the person served, certificate of the attorney making service, or

affidavit of any other person and shall state the following:

(a) the name of the person who sent the document;

(b) the date of service and email address of the sender and recipients;

and

(c) a statement that the document was served by electronic

transmission and that the transmission was successful.

(5) The Court shall serve all written court orders and notices on the parties

unless otherwise ordered by the Court. The Court may file documents before serving them on the

parties. The Court may serve any document by electronic transmission to an attorney who has

registered with the EFS under this rule or Rule 1-005.2 NMRA and to any other party or attorney

who has agreed to receive documents by electronic transmission or who has listed an email

address on a document filed with the Court. For documents served by the Court, proof of service

shall be in the form of a certificate of the Court clerk, which shall state the date of service and

identify the parties served but need not indicate the method of service. For purposes of Rule

12-308(B) NMRA, documents served by the Court shall be deemed served by mail, regardless of

the actual manner of service, unless the Court clerk’s certificate of service unambiguously states

otherwise.