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Rules of Practice for the Fourth Judicial District Court

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ORDER ON APPLICATION FOR FREE PROCESS

CIVIL FORM
4-223

Supreme Court Approved
February 9, 2011

[For use with Supreme Court General Rule 23-114]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT COURT

Plaintiff/Petitioner,

No. D-619-

V.

Defendant/Respondent.

THIS MATTER having come before the court on Petitioner's application for free process and affidavit of indigency, or upon Petitioner's attorney's certificate supporting indigency and free process pursuant to Rule 23-114(B)(2) NMRA, and the court being otherwise advised in the premises, FINDS that:

the applicant is entitled to free process in accordance with Rule 23-114(B)(2) NMRA.

the applicant receives public assistance and is, therefore, entitled to free process.

the applicant's annual gross income does not exceed of the federal poverty guidelines, and the applicant is, therefore, entitled to free process.

the applicant's annual gross income exceeds of the federal poverty guidelines, but the applicant is not reasonably able to pay fees or costs and is, therefore, entitled to free process.

on the basis of the applicant's available funds or annual gross income, the applicant is not entitled to free process.

THE COURT ORDERS that:

the filing fee is waived.

the filing fee is waived except for the $ alternative dispute resolution (ADR) fee.

the applicant is granted free service of process by the Sheriff in County, New Mexico for summons(es), provided that the applicant first attempts service by certified mail pursuant to Rule 1-004 NMRA.

the applicant is granted free service by the Sheriff in County, New Mexico, of a temporary restraining order or

the applicant is to pay the filing fee on

interpretation services shall be provided to the applicant.

free process is denied.

Other:

The filing fee is waived except for the $30.00 mediation fee provided in NMSA 1978,
§40-12-6 (1987). The District Court Clerk shall not open this case until that $30.00 fee
is paid.

Unless specifically granted above, this order of free process does not include the following costs: jury fees, certification fees, subpoena fees for witnesses, witness fees for hearings or trials, mailings, long distance charges, transcripts for appeals or record proper, duplication fees for audiotapes or compact discs, copy charges, publication fees, or facsimile services. Application for all other costs are to be made to the judge assigned to your case. If the applicant prevails in this law suit and collects money by judgment or settlement, the court may order reimbursement for any waived costs. If the applicant is represented by an attorney who is paid an attorney fee, any fees or costs waived by this order must be deducted from any such attorney fee and paid to the court clerk. This order is subject to revision, modification or recission by the judge assigned to your case.

JUDGE

[Adopted by Supreme Court Order No. 07-8300-043, effective February 25, 2008; as amended
by
Supreme Court Order No. 08-8300-031, effective November 17, 2008; by Supreme Court Order
No. 10-8300-044, effective February 9, 2011.]

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What the Rules of Practice for the Fourth Judicial District Court Cover

The Rules of Practice for the Fourth Judicial District Court set procedural standards that govern filings, motions, service, scheduling, and courtroom conduct in that district. They explain timing and format requirements for pleadings, hearing procedures, evidentiary submissions, and the responsibilities of counsel and parties. These rules supplement state statutes and statewide court rules by providing local deadlines, filing locations, and any district-specific forms or fees. Practitioners must follow both the district rules and applicable state law when preparing documents or appearing before the court.

Why Understanding These Rules Matters

Clear adherence to the Rules of Practice reduces the risk of procedural dismissal, sanctions, or delayed hearings and ensures consistent case processing.

Why Understanding These Rules Matters

Who Relies on the Fourth Judicial District Court Rules

Even settled practices such as service methods and motion timing can differ by district; check the rules before filing.

  • Private attorneys and law firms — prepare filings, calendar hearings, and follow local courtroom protocols.
  • Pro se litigants — must meet formatting and timing requirements when filing without counsel.
  • Court staff and clerks — enforce local filing procedures and manage calendars.

Primary Components in a Professional Local Rules Filing

A compliant filing aligns with the district's required content, formatting, and supporting documentation. Common elements include caption standards, signature blocks, proof of service, required exhibits, and local form numbers when applicable.

Caption

Use the exact caption format specified by the district: court name, case number, party names, and document title on the first page.

Certificate of Service

Include a signed certificate stating how and when parties were served, with addresses or electronic delivery evidence.

Signature Block

Provide counsel or party name, bar number, address, telephone, and email. Electronic signatures require clear attribution.

Exhibits

Label exhibits sequentially, include index pages, and adhere to any page or exhibit limits stated in the district rules.

Local Forms

Use required district forms where specified; deviations can prompt rejection or a request for cure.

Formatting

Follow font size, margin, and page numbering rules. Nonconforming documents may be returned.

Required Information and Common Filing Fields

Case Caption: Case title
Document Title: Brief filename
Party Contact: Email address
Signature: Signer name
Service Method: How served
Filing Date: MM/DD/YYYY

Step-by-Step: Preparing a Motion or Response Under the Local Rules

Follow this sequence to prepare a motion or response that aligns with the district’s procedural expectations and avoids common filing defects.

  • 01
    Review Rules: Confirm applicable local rule provisions before drafting.
  • 02
    Draft Document: Format caption, title, and body per local standards.
  • 03
    Attach Exhibits: Number exhibits and include an index or table.
  • 04
    Serve and File: Serve parties and submit to the clerk by approved method.

How to Configure an Electronic Filing or eSubmission Workflow

Set up e-submission workflows to match the court’s acceptable formats and the district’s service rules.

Field Configuration
Document Format PDF/A preferred for filings
Signer Authentication Email or MFA per court guidance
Certificate of Service Auto-populate with date and method
Repository Keep a retained copy for records

Where to File and How Submissions Move Through the Clerk’s Office

Understanding the routing helps ensure timely acceptance, correct assignment, and prompt scheduling.

  • Initial Filing: Submit to clerk by e-file, email, or in-person per district rule.
  • Clerk Review: Clerk checks format, service, and fees for conformity.
  • Docket Entry: Accepted filings receive a docket number and timestamp.
  • Judge Assignment: Case is routed to the assigned judge for review.

Digital Signing, eFiling, and Technical Requirements

Confirm the district clerk’s technical bulletin for any specific port, portal credentials, or seal requirements before submitting.

  • File Formats: PDF, PDF/A accepted
  • Authentication: Email or SMS code
  • Integrations: Supports common e-filing systems

Common Deadlines and Timing Expectations

Timelines are frequently specified in the rules and control response windows, service periods, and appeal rights; local variations apply.

Motion Response Time:

Typically 14 days; consult the rule controlling the motion type.

Service Deadline:

Service must precede filing per local requirements.

Notice of Appeal:

Often 30 days from judgment; check appellate rules.

Expedited Hearings:

Shorter timelines apply for emergency or ex parte relief.

Filing Corrections:

Clerk often allows a brief cure period for minor defects.

Key Case Milestones and Processing Stages

A simplified milestone flow illustrates the common progression from filing to disposition under local practice.

01

Initial Filing

Complaint or petition filed with the clerk and docketed.

02

Service Completed

All parties receive notice according to the rule.

03

Motions & Responses

Parties file motions, oppositions, and supporting materials.

04

Hearing & Judgment

Court hears matters and issues orders or judgment.

Penalties and Risks for Noncompliance

Missed Deadlines: Dismissal risk
Improper Service: Default judgment risk
Format Errors: Clerk rejection
Unauthorized Signatures: Sanctions possible
Failure to Redact: Privacy violation
Incorrect Fees: Processing delay

Common Preparation and Filing Mistakes to Avoid

  • Submitting pleadings with the wrong caption or case number causes clerks to return or misfile documents, delaying case progress.
  • Failing to attach or label exhibits properly creates evidentiary gaps and may lead the court to exclude critical material at hearing.
  • Using the wrong service method or omitting proof of service can result in motions being denied or timelines running incorrectly.
  • Neglecting to confirm acceptable electronic formats or signature methods leads to rejection or requests for manual signature replacement.

Who May Sign and Authenticate Filings

Attorney Signatory

Counsel of record signs filings with bar number and contact information; signature certifies compliance with rules and good faith contentions.

Party or Authorized Agent

A party or authorized agent may sign pleadings when permitted; authorization should be documented and consistent with local signature rules.

eSignature Pricing and Feature Comparison

Comparing core pricing and feature availability helps select an eSignature provider that meets compliance and volume needs for court-related workflows.

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 by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Using the District Rules

Answers to common procedural and technical questions when preparing, signing, or filing documents under the district rules.


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