What must the notice include?

A valid notice identifies the case number, parties, affected hearing date, a clear factual or legal reason for excusal, the relief requested, and contact information for the filer; attach supporting documents where required by the local rule.

Can the notice be signed electronically?

Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes when the court permits e-filings; confirm the court's e-filing and signature rules before relying on electronic execution.

Who must sign the notice?

Either the party, the party's attorney of record, or an authorized representative should sign per local rules; if the court demands verification or notarization, follow that requirement precisely.

What happens if I file late?

A late notice may be denied, result in a continuance, or prompt sanctions depending on the reason and impact on other parties; if late, include justification and any mitigating documentation.

Is notarization required?

Notarization is rarely required for ordinary excusal notices but may be mandated for certain affidavits or self-proving statements; check the local magistrate rule and state notary practice.

How do I revoke or amend a notice?

File a written withdrawal or amended notice with the clerk and serve all parties; the court will treat revocation or amendment according to local procedures and may require a new order for scheduling.

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Notice of Excusal for Use with Magistrate Court Rule 2

Notice of Excusal for Use with Magistrate Court Rule 2

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

4-103. Notice of excusal.

[For use with Magistrate Court Rule 2-106 NMRA and Metropolitan Court Rule 3-106 NMRA]

STATE OF NEW MEXICO

COUNTY OF

IN THE COURT

Plaintiff,

V.

No.

Defendant.

NOTICE OF EXCUSAL

The undersigned hereby notifies the court that the Honorable is excused from presiding over the above-captioned case.

Dated this

day of

,

OPTIONAL STIPULATION

By our signatures below we stipulate that the Honorable be assigned to preside over the above-captioned case.

Dated this

day of

,

Dated this

day of

,

USE NOTE

Each party must be served with a copy of this notice. See Rules 2-203 and 3-303 NMRA. See Civil Form 4-221 NMRA for the certificate of service and affidavit of service.

[As amended, effective May 1, 1986; November 1, 1995; May 1, 2002; as amended by Supreme Court Order No. 10-8300-016, effective May 14, 2010.]

What the Notice of Excusal for Use with Magistrate Court Rule 2 Is

The Notice of Excusal for Use with Magistrate Court Rule 2 is a court-directed written statement filed by a party or attorney to request that a named individual be excused from an appearance, service obligation, or jury-related duty under the procedures established by a magistrate court rule. It explains the factual or legal grounds for excusal, identifies the affected hearings or dates, and provides contact information and supporting documentation where required. The notice must follow local magistrate rule format and timelines so the court can act on the request without delaying proceedings.

Why a Clear, Compliant Notice Matters

A properly prepared Notice of Excusal preserves procedural rights, prevents default or sanctions, and gives the court the information needed to rule promptly.

Who Typically Prepares and Files This Notice

The following parties commonly prepare or submit a Notice of Excusal when Magistrate Court Rule 2 applies.

Attorneys for parties — Prepare notices when clients cannot attend or when conflict-of-interest or scheduling issues exist.
Self-represented litigants — File notices when personal hardship, medical reasons, or unavoidable conflict prevents appearance.
Court clerks and administrative staff — Process and docket the notices per local rule and notify affected parties.

Who files depends on local practice; confirm whether the court requires counsel, a party, or the clerk to submit the notice.

Step-by-Step: Preparing and Submitting the Notice

Follow a consistent sequence: verify rule requirements, draft the notice, collect attachments, obtain signatures, and submit per court rules.

01

Verify Rule: Confirm Magistrate Court Rule 2 requirements for content and timing.
02

Draft Notice: Use precise case identifiers and a clear statement of grounds.
03

Attach Proof: Include medical notes, travel schedules, or other supporting documents.
04

File and Serve: File with the clerk and serve all parties per local procedure.

Configuring a Digital Workflow for Online Completion

Set up a consistent e-filing kit that maps fields, collects attachments, and records the submission audit trail.

Template Fields	Case number \| Party name \| Hearing date \| Reason \| Relief requested
Required Attachments	Medical affidavit \| Travel itinerary \| Attorney certification
Signer Authentication	Email verification or two-factor authentication for attorney or party
Filing Destination	Court e-filing portal or clerk's email as prescribed
Audit Trail	Enable timestamps, IP logs, and certificate of completion

Where the Notice Goes and What Happens Next

Routing differs by jurisdiction; understand the court's filing path to ensure timely consideration and service on opposing parties.

File with Clerk: Submit via e-filing portal, email, or in-person at the clerk's office depending on local rules.
Docket Entry: Clerk dockets the notice and assigns it a filing stamp and internal status.
Service to Parties: Clerk or filer serves all parties per local rules (email, e-service, or mail).
Judicial Action: Judge or magistrate reviews and issues an order granting or denying excusal.

Digital Filing and eSignature Considerations

Confirm the court accepts electronic filings and whether it permits electronic signatures on Notices of Excusal.

Accepted Formats: PDF or court-specific e-file format
Authentication: Email or two-factor verification
Audit Requirements: Timestamp and signer attribution

If the court allows e-submission, configure your workflow to produce a tamper-evident PDF, preserve the audit trail, and retain a copy for the record per retention rules.

Timing and Deadline Checklist

Observe the court's notice periods and filing cutoffs; late notices risk denial or sanctions and may require emergency motions.

Advance Notice Requirement:

File as soon as practical; many rules require filing before the hearing date.

Same-Day Emergencies:

If urgent, file and inform the clerk immediately with proof of emergency.

Service Deadlines:

Serve opposing parties per the method and timeframe established by local rules.

Response Period:

Judge may set a deadline for objections or responses from other parties.

Order Issuance:

Allow time for clerk or magistrate to issue a ruling before the scheduled event.

Common Mistakes to Avoid

Missing or incorrect case number leading to misfiling or non-association with the docket.
Vague reasons without supporting detail, which courts often reject as insufficient basis for excusal.
Failing to serve all required parties the moment the notice is filed, causing procedural objections.
Using informal or noncompliant formats when the court requires a specific verified or notarized statement.

Consequences of an Improper or Untimely Notice

Denial of Excusal: May result

Hearing Delay: Proceedings postponed

Sanctions: Court penalties possible

Default Risk: Default judgment potential

Perjury Exposure: False statements risk

Administrative Rejection: Clerk may refuse filing

Record Security and Compliance Essentials

In-Transit Encryption: TLS 1.2 / 1.3

At-Rest Encryption: AES-256

Privacy Certifications: GDPR compliant

Audit Controls: Detailed audit trail

Regulated Workflows: HIPAA BAA available

Authentication Options: 2FA and advanced methods

eSignature Vendor Pricing Snapshot for Notice Filing Workflows

This comparison highlights starting prices and core capabilities across common eSignature vendors to help with selection for filing and signing notices.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (Business Premium)	Varies	Varies	Varies	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Examples and Related Usage

Representative case uses show how notices function in practice and the accompanying documentation commonly submitted.

Martin Properties — Remote Filing

A property manager requested excusal due to out-of-state closing conflicts

The manager provided a closing schedule and attorney certification
The court accepted the notice and allowed counsel to appear in person, avoiding a continuance and preserving the docket.

Fertility Centers of Illinois — Health-Based Excusal

A clinician filed an excusal citing medical leave with supporting physician note

The filing included HIPAA-limited documentation and counsel's declaration
The magistrate granted temporary excusal and set a follow-up status conference to confirm availability.

Practical Tips for a Smooth Filing

Use consistent templates, preserve an audit trail, and communicate proactively with opposing counsel and the clerk.

Use Court Templates

Where available, complete the court-provided form to ensure compliance with required fields and avoid clerical rejection.

Attach Verifying Documents

Include succinct supporting evidence so the magistrate can evaluate the request without further motion practice.

Preserve the Audit Trail

When e-signing, retain timestamps, signer attribution, and the certificate of completion to prove authenticity if challenged.

Notify Opposing Parties

Serve all parties immediately after filing to prevent procedural objections and demonstrate good faith communication.

Frequently Asked Questions about the Notice of Excusal

Answers to common questions about preparing, signing, filing, and revoking a Notice of Excusal under Magistrate Court Rule 2.

Need help? Contact support

What must the notice include?
A valid notice identifies the case number, parties, affected hearing date, a clear factual or legal reason for excusal, the relief requested, and contact information for the filer; attach supporting documents where required by the local rule.
Can the notice be signed electronically?
Electronic signatures are generally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes when the court permits e-filings; confirm the court's e-filing and signature rules before relying on electronic execution.
Who must sign the notice?
Either the party, the party's attorney of record, or an authorized representative should sign per local rules; if the court demands verification or notarization, follow that requirement precisely.
What happens if I file late?
A late notice may be denied, result in a continuance, or prompt sanctions depending on the reason and impact on other parties; if late, include justification and any mitigating documentation.
Is notarization required?
Notarization is rarely required for ordinary excusal notices but may be mandated for certain affidavits or self-proving statements; check the local magistrate rule and state notary practice.
How do I revoke or amend a notice?
File a written withdrawal or amended notice with the clerk and serve all parties; the court will treat revocation or amendment according to local procedures and may require a new order for scheduling.

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