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Criminal Rules for the District Courts

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9-103. Notice of excusal.

[For use with District Court Rule 5-106 NMRA]

STATE OF NEW MEXICO

COUNTY OF

STATE OF NEW MEXICO

V.

COURT

No.

NOTICE OF EXCUSAL1

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

Dated this day of ,

Party or attorney for the party

USE NOTE

1. Each party must be served with a copy of this notice. See Criminal Form 9-221 for the certificate of service and affidavit of service.

[As amended, effective May 1, 1986; November 1, 1995; May 1, 2001; as amended by Supreme Court Order 07-8300-34, effective January 22, 2008.]

Cross references

For constitutional right to disqualify judges, see N.M. Const., art. 6, § 18.

For disqualification pursuant to the Code of Judicial Conduct, see 21-400 NMRA.

For statutory right to excuse a district judge, see 38-3-9 NMSA 1978.

For peremptory disqualification of a district court judge in civil cases, see 1-088.1 NMRA.

Effect of amendment note

The 2008 amendment, approved by Supreme Court Order 07-8300-34 effective January 22, 2008, limited the use of this form to the district courts.

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What the Criminal Rules for the District Courts cover

The Criminal Rules for the District Courts are the federal procedural rules that govern criminal prosecutions in United States district courts, covering pretrial practice, trial procedures, sentencing, post-conviction motions, and appellate referrals. Adopted and amended by the Judicial Conference and promulgated by the Supreme Court, these rules allocate responsibilities among judges, prosecutors, defense counsel, and clerks and set timing, disclosure, and evidence processes critical to fair adjudication. Practitioners and court staff rely on these rules to manage filings, service, deadlines, and courtroom procedures nationwide, subject to statutory exceptions and local rules.

Why the rules matter for case management

Criminal Rules for the District Courts standardize criminal procedure across federal trial courts, reducing uncertainty, protecting defendants' rights, and ensuring consistent timelines for discovery, motions, and trials. They provide a predictable framework for attorneys, judges, and court personnel to manage criminal cases efficiently.

Why the rules matter for case management

Who regularly relies on these rules

These rules are used by federal prosecutors, defense attorneys, judges, and court clerks handling criminal matters in U.S. district courts.

  • Federal prosecutors: manage charges, discovery obligations, plea procedures, and trial scheduling.
  • Defense counsel: protect constitutional rights, file motions, conduct discovery, and prepare trial strategy.
  • Judges and clerks: set deadlines, enforce procedural rules, and oversee courtroom proceedings.

Step-by-step: preparing a compliant filing

Follow these steps to prepare filings and manage deadlines under the Criminal Rules for the District Courts.

  • 01
    Prepare Document: Identify applicable rule and required sections before drafting.
  • 02
    Attach Certificates: Include certificates of service and any required notices per rule.
  • 03
    Check Deadlines: Calculate service and response deadlines using rule-prescribed periods.
  • 04
    File & Serve: File with clerk and serve all parties using approved methods.

Frequently asked questions and answers

Answers to frequent questions about applying, e-signing, and filing documents under the Criminal Rules for the District Courts.


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Security and compliance checklist

Data Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
HIPAA: BAA required for PHI handling.
Audit Trail: Complete timestamped action log retained.
ESIGN / UETA: Legal e-signature frameworks recognized.
Access Controls: Role-based access and MFA recommended.
Certifications: SOC 2, ISO 27001, PCI DSS.

Consequences of procedural errors

Missed Deadlines: Motions waived or denied.
Improper Service: Filing rejected or reset.
Unauthorized Signature: Authenticity challenged in court.
Sanctions: Monetary or evidentiary penalties.
Contempt: Possible criminal contempt risk.
Reversal Risk: Judgment or conviction overturned.

Common mistakes to avoid

  • Failing to check local rules for exceptions to the Criminal Rules leads to missed deadlines and procedural defects that can prejudice a party's position.
  • Using inconsistent case captions or incorrect docket numbers causes filing misrouting and delays that may result in untimely responses or missed hearings.
  • Relying on weak e-signature authentication without audit records increases the risk of signature disputes and evidentiary challenges at trial.
  • Neglecting to include certificates of service or proof of electronic service frequently leads to objections and may invalidate the filing.

Typical electronic filing workflow

This workflow illustrates how filings are prepared, signed, filed electronically, and recorded on the docket.

  • Upload: Add pleadings and supporting exhibits to the platform.
  • Place Fields: Insert signature, date, and service fields.
  • Authenticate: Choose authentication level per court/local rule.
  • Submit: File with court clerk and notify parties.

Core sections to include in filings

A complete Criminal Rules filing typically includes caption, statement of jurisdiction, factual background, procedural history, argument with rule citations, and proofs of service and signature authentication.

Caption

Full case caption including court, docket number, parties, and title of the filing; ensures correct indexing and prevents administrative misplacement on the docket.

Statement

Concise statement of jurisdiction and authority referencing applicable Criminal Rules and statutes; use precise citations to support procedural posture and preserve appellate record.

Factual Basis

Neutral factual summary focused on admissible evidence; avoid argumentative content in procedural statements and include exhibits as attachments with proper authentication.

Legal Argument

Organized argument citing specific Criminal Rules, binding precedents, and statutory provisions; include standard of review and tailored relief requested.

Signature Block

Attorney or party signature with bar number, contact details, and date. For electronic filings, capture audit trail demonstrating intent and attribution.

Proof of Service

A signed certificate of service detailing method, date, recipients, and addresses; attach electronic service confirmations when available.

Recommended e-filing configuration

Configure an e-filing workflow that matches the Criminal Rules' service and filing requirements in your district.

Field Configuration
Signer Auth Email link; SMS code or KBA options.
Field Types Signature, date, initials, checkboxes, conditional fields.
Document Formats PDF/A preferred; Word and PDF accepted.
Audit Trail Timestamps, IP, and action log retained.

How criminal rules differ from civil procedure

Key distinctions between the Criminal Rules for the District Courts and the Federal Rules of Civil Procedure that affect timing, service, and burdens.

Criteria Criminal Rules Civil Rules
Standard beyond reasonable doubt preponderance of evidence
Speedy Trial statutory limits apply more scheduling flexibility
Discovery narrower discovery broader discovery
Sanctions criminal penalties civil remedies

eSignature vendor pricing and feature snapshot

High-level pricing and feature comparison for common eSignature vendors; signNow is listed first per vendor ordering requirements.

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 trial Vendor-specific Vendor-specific Vendor-specific Vendor-specific
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key time-sensitive filing deadlines to track

Certain Criminal Rules and federal statutes impose strict timing for trial and post-trial actions; track these dates carefully to preserve rights.

Speedy Trial:

Federal Speedy Trial Act requires trial within 70 days of indictment.

Motion for New Trial:

Post-conviction motion generally due within 14 days of verdict.

Rule 29 Motions:

Motion for judgment of acquittal typically due at trial or within 14 days.

Notice of Appeal:

Criminal defendants generally must file notice within 14 days of sentencing.

Discovery Deadlines:

Prosecution must disclose exculpatory material promptly; exact timing varies by rule.

Practical tips to reduce risk and speed processing

Practical tips to reduce procedural risk, avoid sanctions, and streamline compliance with the Criminal Rules for the District Courts.

Verify Local Rules
Always consult the district's local rules and standing orders before filing; local variations control filing format, preferred e-filing systems, page limits, and required certificates. Failure to follow local practice can result in rejection or sanctions.
Use Clear Captions
Consistently use the exact case caption and docket number on every filing. Consistent captions prevent clerk errors, ensure correct service, and maintain coherent electronic case records so hearings and filings are properly associated.
Preserve Audit Logs
When e-signing or e-filing, retain full audit trails, authentication records, and service confirmations. Courts may require this evidence to validate electronic signatures and service in disputes or appeals.
Coordinate Proofs of Service
Attach a detailed certificate of service that lists recipients, addresses, service method, and dates. For electronic service, include system-generated confirmations to avoid counterclaims of improper service.

Examples: how offices apply the rules in practice

Illustrative scenarios showing how defense and prosecution offices streamline filings while preserving procedural safeguards.

Public Defender Office

A federal public defender's office switched to electronic workflows to centralize motion drafting and signatures, reducing paper handling and improving tracking.

  • Implemented audit trails and standardized templates.
  • As a result, the office met strict filing deadlines more reliably, produced consistent proofs of service, and had readily available electronic records for appeal preparation, saving attorney time and reducing clerical errors.

U.S. Attorney's Office

A U.S. Attorney's Office adopted remote notarization and secure e-signatures for affidavits and notices to improve coordination with remote witnesses and agents.

  • Used RON and multifactor authentication.
  • This approach maintained chain-of-custody documentation, preserved evidentiary integrity, and accelerated internal approvals while conforming to federal procedural timing and local court preferences.

Major case milestones from charge to sentencing

Typical milestone sequence from charging through trial in a federal criminal case; timelines vary by the Speedy Trial Act and case complexity.

01

Indictment Filed

District court receives charging document; clock for Speedy Trial begins.

02

Arraignment

Defendant informed of charges and enters plea; counsel appointment if needed.

03

Discovery & Motions

Parties exchange materials and litigate suppression or evidentiary issues.

04

Trial & Sentencing

Jury selection, trial, verdict, then sentencing schedule set as required.

Platform capabilities to confirm for court filings

Ensure your e-filing platform supports required formats, authentication methods, and retention for criminal filings.

  • Formats: PDF, PDF/A, DOCX supported.
  • Integrations: Court portals and cloud storage.
  • Authentication: Email, SMS, MFA options.

Representative professionals who prepare and sign filings

Federal Defender

Represents indigent defendants, prepares pretrial motions, and ensures speedy trial rights. Uses Criminal Rules to track disclosure, file competency or suppression motions, and coordinate signatures and service. Electronic records and audit trails help preserve the procedural record for appeals and post-conviction relief.

U.S. Attorney

Prosecutorial office that files charging documents, manages discovery obligations, and complies with the Criminal Rules for disclosure and motion practice. Must maintain secure, auditable records for chain-of-evidence and may coordinate with law enforcement using authenticated electronic submissions.

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