N.M. Sup. Ct. Rule 12-307.2 NMRA amendments approved April 24, 2017 (the court's copy)

12-307.2. Electronic service and filing of papers.

A. Definitions. As used in these rules

(1) “electronic transmission” means email or other transfer of data from

computer to computer other than by facsimile transmission;

(2) “document” includes the electronic representation of pleadings and other

papers but does not include a record proper filed under Rule 12-209 NMRA, a transcript filed

under Rule 12-211 NMRA, or an exhibit filed under Rule 12-212 NMRA; and

(3) “EFS” means the electronic filing system approved by the Supreme Court

for use by attorneys to file and serve documents by electronic transmission in Supreme Court or

Court of Appeals proceedings.

B. Filing by electronic transmission authorized in the Supreme Court only;

mandatory registration for attorneys.

(1) In any proceeding in the Supreme Court, the filing of documents by

electronic transmission through the EFS is mandatory for any party represented by an attorney,

which includes attorneys who represent themselves. The filing of documents by electronic

transmission in the Court of Appeals is not currently authorized.

(2) Self-represented parties are prohibited from filing documents by electronic

transmission and shall continue to file documents through the other methods authorized by the

Rules of Appellate Procedure.

(3) Parties represented by attorneys shall file documents by electronic

transmission even if another party to the action is self-represented or is exempt from electronic

filing under Paragraph M of this rule.

(4) Unless exempted under Paragraph M of this rule, for any case pending or

filed in the Supreme Court on or after the effective date of this rule, the following attorneys shall

register with the EFS:

(a) any attorney required to file documents by electronic transmission

under this rule; and

(b) any attorney who is deemed to have entered an appearance under

Rule 12-302(B) NMRA and who has not withdrawn in accordance with Rule 12-302(C) NMRA.

(5) Every registered attorney shall provide a valid, working, and regularly

checked email address for the EFS. The Court shall not be responsible for inoperable email

addresses or unread email sent from the EFS.

C. Filing fees; no fees charged for use of the EFS; non-electronic payment of

docket fees required; dismissal for untimely payment of docket fee.

(1) Except for the payment of any docket fee required under the Rules of

Appellate Procedure, no other fees shall be charged for the filing or service of documents by

electronic transmission through the EFS.

(2) Payments currently cannot be accepted by the Supreme Court through the

EFS or by other electronic payment methods.

(3) Notwithstanding any other provision in these rules requiring the payment

of a docket fee at the time a document is filed, any docket fee required under the Rules of

Appellate Procedure for initiating a case in the Supreme Court through the EFS shall be paid by

check no later than five (5) days after the attorney is notified through the EFS that the case has

been accepted for filing.

(4) A check for payment of a docket fee under this paragraph shall include a

notation providing the docket number of the case to which the payment applies.

(5) Failure to timely pay the docket fee as required under Subparagraph (3) of

this paragraph may, on the Court’s own motion, result in the dismissal of the case without

prejudice to a timely motion for reinstatement filed under Subparagraph (6) of this paragraph.

(6) A motion for reinstatement of any case dismissed without prejudice under

Subparagraph (5) of this paragraph may be filed within fifteen (15) days after the date of the

dismissal order provided that payment of the docket fee is delivered to the Court clerk on or

before the date that the motion for reinstatement is submitted for filing through the EFS.

(7) A motion for reinstatement may be granted on a showing of good cause,

and any proceeding reinstated under the provisions of this subparagraph shall be deemed initiated

on the date that the proceeding was originally filed.

D. Service by electronic transmission.

(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.

E. Single transmission. Whenever a rule requires multiple copies of a document to

be filed only a single transmission is necessary.

F. Time of filing. For purposes of filing by electronic transmission, a “day” begins

at 12:01 a.m. and ends at midnight. If electronic transmission of a document is received before

midnight on the day preceding the next business day of the Court it will be considered filed on

the immediately preceding business day of the Court. For any questions of timeliness, the time

and date registered by the Court’s computer will be determinative. For purposes of filing by

electronic transmission only, notwithstanding rejection of an attempted filing through the EFS or

its placement into an error queue for additional processing, the date and time that the filer

submits the electronic filing envelope will serve as the filing date and time for purposes of

meeting any filing deadline.

G. Signatures.

(1) All electronically filed documents shall be deemed to contain the filing

attorney’s signature pursuant to Rule 12-302 NMRA. Attorneys filing by electronic transmission

thereby certify that required signatures or approvals have been obtained before filing the

document. The full, printed name of each person signing a paper document shall appear in the

electronic version of the document.

(2) If a document filed by electronic transmission contains a signature block

from an original paper document containing a signature, the signature in the electronic document

may represent the original signature in the following ways:

(a) by scanning or other electronic reproduction of the signature; or

(b) by typing in the signature line the notation “/s/” followed by the

name of the person who signed the original document.

(3) All documents filed by electronic transmission that are signed by the Court

shall be scanned or otherwise electronically produced so that the original signature is shown.

H. Format of documents; protected personal identifier information; EFS user

guide. All documents filed by electronic transmission shall be formatted in accordance with the

Rules of Appellate Procedure and shall comply with all procedures for protected personal

identifier information under Rule 12-314 NMRA. The Court may make available a user guide on

its website to provide guidance with the technical operation of the EFS. In the event of any

conflicts between these rules and the user guide, the rules shall control.

I. Demand for original; electronic conversion of paper documents.

(1) Original paper documents filed or served electronically, including original

signatures, shall be maintained by the attorney filing the document and shall be made available,

upon reasonable notice, for inspection by other parties or the Court. If an original paper

document is filed by electronic transmission, the electronic version of the document shall

conform to the original paper document. Attorneys shall retain original paper documents until

final disposition of the case and the conclusion of all appeals.

(2) For cases in which electronic filing is mandatory, if an attorney who is

exempt under Paragraph M of this rule or a self-represented party files a paper document with the

Court, the Court clerk shall convert such document into electronic format for filing. The filing

date shall be the date on which the paper document was filed even if the document is

electronically converted and filed at a later date. The Court clerk shall retain such paper

documents as long as required by applicable statutes and Court rules.

J. Electronic file stamp and confirmation receipt; effect. The Court clerk’s

endorsement of an electronically filed document shall have the same force and effect as a

manually affixed file stamp. When a document is filed through the EFS, it shall have the same

force and effect as a paper document and a confirmation receipt shall be issued by the system that

includes the following information:

(1) the case name and docket number;

(2) the date and time of filing as defined under Paragraph F of this rule;

(3) the document title;

(4) the name of the EFS service provider;

(5) the email address of the person or entity filing the document; and

(6) the page count of the filed document.

K. Conformed copies. Upon request of a party, the Court clerk shall stamp

additional copies provided by the party of any paper filed by electronic transmission. A

file-stamped copy of a document filed by electronic transmission can be obtained through the

EFS. Certified copies of a document may be obtained from the Court clerk.

L. Technical difficulties. Substantive rights of the parties shall not be affected

when the EFS is not operating through no fault of the filing attorney.

M. Requests for exemptions from electronic filing requirement.

(1) An attorney may file a petition with the Supreme Court requesting an

exemption, for good cause shown, from the mandatory electronic filing requirements under this

rule. The petition shall set forth the specific facts offered to establish good cause for an

exemption. No docket fee shall be charged for filing a petition with the Supreme Court under

this subparagraph.

(2) Upon a showing of good cause, the Supreme Court may issue an order

granting an exemption from the mandatory electronic filing requirements of this rule. An

exemption granted under this subparagraph remains in effect for one (1) year from the date of the

order and may be renewed by filing another petition in accordance with Subparagraph (1) of this

paragraph.

(3) An attorney granted an exemption under this paragraph may file

documents in paper format with the Court. When filing paper documents under an exemption

granted under this paragraph, the attorney shall attach to the document a copy of the Supreme

Court exemption order. The Court clerk shall scan the attorney’s paper document into the

electronic filing system including the attached Supreme Court exemption order. No fee shall be

charged for scanning the document. The attorney remains responsible for serving the document

in accordance with these rules and shall include a copy of the Supreme Court exemption order

with the document that is served.

(4) An attorney who receives an exemption under this paragraph may

nevertheless file documents by electronic transmission without seeking leave of the Supreme

Court provided that the attorney complies with all requirements under this rule. By doing so, the

attorney does not waive the right to exercise any exemption granted under this paragraph for

future filings.

[Approved, effective July 1, 1997; as amended by Supreme Court Order No. 06-8300-031,

effective January 15, 2007; as amended by Supreme Court Order No. 17-8300-004, effective for

all cases pending or filed on or after July 1, 2017.]