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5005-2 Electronic Filing

(a)    Electronic Filing Policies and Procedures.  The clerk shall prepare and publish policies and procedures for electronic filing, which the clerk may amend from time to time.  These policies and procedures, which are exempt from the public notice and comment requirements for adoption of local rules, shall have the force of local rules.  A link to the policies and procedures will be available on the court’s web page.

(b)    After Hours Electronic Filing.  Unless otherwise ordered, any paper filed electronically must be filed before midnight local time to be considered timely filed that day.

(c)    Signatures.  Any paper physically signed and filed electronically, or filed in paper form and thereafter converted to an electronic document by the clerk, has the same force and effect as an original.  Verified or certified papers filed electronically shall be treated for all purposes (both civil and criminal, including penalties for perjury) as if they had been physically signed and/or subscribed.  An attorney shall not file a paper requiring a person’s signature without obtaining the person’s signature before filing.

(d)    Security of Electronic Filing Account. Each attorney, law firm, trustee, or other person that obtains a password for electronic filing is responsible for the account security and use.  No attorney, law firm, trustee, or other person may knowingly permit or cause to permit an electronic filer’s password to be used by anyone other than an authorized member, employee, or agent of the electronic filer’s firm.

5005-3 Pro Se Filing.

Except for proofs of claim and petitions filed using court-approved electronic filing procedures, all papers filed by unrepresented parties must be submitted to the clerk in paper unless the court, for good cause, authorizes an unrepresented party to submit papers for filing by alternate means.

5011-1 Withdrawal of Reference

A motion to withdraw the reference shall be filed in this court. Once a district court judge has been assigned, any subsequent papers relating to the motion shall be filed in this court and the district court.

5011-2 Abstention

A motion to abstain shall be deemed timely filed as follows:

(a)     Bankruptcy Case. In a bankruptcy case, if filed within 30 days after the conclusion of the meeting of creditors.

(b)     Adversary Proceeding. In an adversary proceeding, if filed by the deadline to respond under BR 7012 or, if the proceeding was removed to the bankruptcy court, within 21 days after the notice of removal was filed. If the motion to abstain is denied, the deadline to file an answer or other responsive pleading shall be extended until 14 days after entry of the denial order.

(c)     Contested Matter. In a contested matter, if filed by the objection deadline for the contested matter. If the motion to abstain is denied, the deadline to object shall be extended until 14 days after the entry of the denial order.

5073-1 Cell Phones, Cameras, and Recording Devices

D.N.M.R.-Civ. 83.1 applies to the United States Bankruptcy Court for the District of New Mexico.

5077-1 Transcripts of Proceedings

A transcript of a court proceeding shall include the name of the entity who ordered the transcript.

6004-1 Notice of Proposed Use, Sale, or Lease of Property

The moving party shall prepare and serve the notices required by BR 6004, unless the Court orders otherwise.

6006-1 Motions to Assume or Reject Contracts and Leases

In addition to the persons entitled to notice under the Bankruptcy Code and Rules, notice of all motions related to executory contracts or unexpired leases shall be served on entities entitled to notice under the terms of the subject contracts or leases, and on all parties to such contracts or leases.

6007-1 Abandonment Coupled with Stay Relief

In an individual Chapter 7 or 13 case, a creditor seeking relief from the automatic stay with respect to an debtor’s principal residence or personal vehicle may simultaneously request abandonment of that asset from the estate.

7007-1 Motion Practice in Adversary Proceedings (Except Summary Judgment Motions)

All motions filed in adversary proceedings shall be served on opposing parties. Responses shall be due within 21 days after service. Optional replies shall be due within 14 days after service of the response. Briefs are optional unless otherwise ordered by the court. The court may grant the requested relief by default if no response is timely filed. The movant may obtain a hearing on a motion by contacting the courtroom deputy for the assigned judge. Hearings may either be preliminary or final, in the Court’s discretion, but shall be so described in the notice of hearing. This rule does not apply to motions for summary judgment (See NM LBR 7056).

7007-2 Sur-replies

Sur-replies require leave of the Court. This rule applies to all motions governed by NM LBR 7007-1, NM LBR 7056-1, NM LBR 9013-1, and NM LBR 9013-2.

7016-1 Pretrial Matters

(a)     Implied Consent.  A party’s failure to comply with BR 7008, BR 7012, or BR 9027 (requiring each party to state whether the party does or does not consent to the bankruptcy court entering final orders or judgment) constitutes implied consent.

(b)     Pretrial Orders in Adversary Proceedings.  Pretrial orders shall substantially conform to the form promulgated by the judge assigned to the adversary proceeding, unless the Court orders otherwise.  Any party who does not cooperate in preparing the joint pretrial order in a timely manner may be subject to sanctions, including preclusion from calling witnesses or submitting exhibits at trial.  The opposing party may file a motion seeking entry of a pretrial order in the form prepared by that party, setting forth the details of the other party’s lack of cooperation.

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