New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT
Chapter 12 - PUBLIC DEFENDER DEPARTMENT
Part 12 - ADJUDICATION
Section 10.12.12.13 - MOTIONS

Universal Citation: 10 NM Admin Code 10.12.12.13

Current through Register Vol. 35, No. 6, March 26, 2024

A. Any defense, objection, or request that can be determined on the merits prior to a hearing may be raised by motion before the deadline set by the chairperson unless good cause is shown for the delay.

B. Prior to fling the motion, the fling party shall determine whether the non-fling party concurs with the motion. If the non-fling party concurs, the fling party shall include a stipulated order with the motion. If the non-fling party does not concur, the fling party shall indicate the non-concurrence in the motion and include a proposed order.

C. A response to a motion is due 12 calendar days from the date of fling of the motion. A reply to a response is due seven days from the date of fling the response. The response and reply schedule may also be set or modified by the chairperson.

D. Responses to any motions shall be fled according to a schedule set by the chairperson.

E. During the course of a hearing, motions may be renewed or made for the first time, if such a motion then becomes appropriate.

F. The chairperson shall rule on all motions except for dispositive motions on the merits.

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