New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 1 - GENERAL ADMINISTRATIVE HEARING RULES AND PROCEDURES › Section 22.600.1.12 - FILING OF PLEADINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				pleadings may be filed with the administrative hearings office through mail,
				facsimile, or electronic mail as specified in the relevant notice of hearing,
				with a copy of such pleading contemporaneously provided to the opposing party
				through the same method of service of the filing. The moving party shall
				include an attestation, or equivalent statement or information, that they
				provided a copy of the pleading to the opposing party.
B. All motions, except motions made on the
				record during the hearing or a continuance request made in a genuine unforeseen
				emergency circumstance (such as an unexpected accident, force majeure, or major
				medical emergency occurring in such close proximity to the date of the
				scheduled hearing that a written motion could not be completed), shall be in
				writing and shall state with particularity the grounds and the relief
				sought.
C. Before submission of any
				motion, request for relief, request for continuance, the requesting party
				should make reasonable efforts to consult with the opposing party about that
				party's position on the motion unless the nature of the pleading is such that
				it can be reasonably assumed the opposing party would oppose the requested
				relief. The party shall state the position of the opposing party in the
				pleading.
D. Unless a different
				deadline applies under an applicable order of the assigned hearing officer, the
				opposing party has 14 days to file a written response to a pleading. If any
				deadline falls on a Saturday, Sunday, or state-recognized holiday, the deadline
				falls on the next business day. The assigned hearing officer may require a
				shorter response deadline, especially for time-sensitive or basic motions like
				continuance requests. Failure to file a response in opposition may be presumed
				to be consent to the relief sought, although the hearing officer is not
				required to make such a default ruling on the motion if the relief would be
				contrary to the hearing officer's view of the facts or law on the
				issues.
E. Absent express
				permission of the assigned hearing officer with good cause shown, no pleading
				filed in a hearing involving the motor vehicle code or the implied consent act
				shall exceed 10 pages, not including the certificate of service, of
				double-spaced (except for block quotations), 12-point font. Absent express
				permission of the assigned hearing officer with good cause shown, no pleading,
				including motions and attached memorandums of support, filed in a hearing
				involving the tax administration act or property tax code shall exceed 20
				pages, not including the certificate of service, of double-spaced (except for
				block quotations), 12-point font. Similarly, with exception of motions for
				summary judgment or submission of stipulated facts or a proposed order,
				attachments to any other pleading shall not exceed the length of the pleading
				absent express permission of the assigned hearing officer. Only relevant
				excerpts of a motion exhibit shall be attached, with the pertinent portions
				highlighted, underlined, or otherwise emphasized.
F. All pleadings shall be captioned in a
				format consistent with the caption included in the notice of hearing issued by
				the administrative hearings office, including using the specific case number,
				if any, listed in that notice. Generally, that caption shall be centered, in
				all capital letters, and in bold font, as shown below:
STATE OF NEW MEXICO
ADMINISTRATIVE HEARINGS OFFICE
(GENERAL TITLE OF APPLICABLE STATUTE CONTROLLING
				  HEARING)
G. In the
				event of a procedural defect or other error with the manner, method, or content
				of a submitted pleading, the administrative hearings office may communicate
				such error to the filing party and withhold filing of the pleading until the
				moving party remedies the procedural defect. Examples of a procedural defect
				include, but are not limited to, failure to attest service to the opposing
				party, failure to comply with the page limitations, failure to seek the
				opposing party's position, failure to use the form or follow the specific
				filing method required by the administrative hearings office for the type of
				case at issue, or failure to comply with a standing order governing the
				practice before the administrative hearings office.
H. Pleadings will be marked as filed on the
				business day that the administrative hearings office receives the pleading. Any
				pleading submitted electronically to the administrative hearings office after
				11:59 pm on a business day will not be marked as filed until the next business
				day.