(a)     Motion to Tax Costs; Bill of Costs. Within 14 days after entry of a final judgment or order, a party may file and serve upon all adverse parties a motion to tax costs. The motion shall include a bill of costs verified pursuant to 28 U.S.C. § 1924 that itemizes the costs claimed under 28 U.S.C. § 1920. Copies of receipts, billings, and payments shall be attached to the bill of costs.

(b)     Objections. Notice of a motion to tax costs shall give adverse parties 14 days to file and serve objections.

(c)     Taxation by Clerk. Unless otherwise ordered, the clerk will tax costs without a hearing if no objections are timely filed. A request for court review of the clerk’s action must be filed within 14 days after entry of the clerk’s order taxing costs.

(d) Allowable Costs.

    (1) Transcripts. The cost of an original trial or hearing transcript is taxable when authorized by the court before transcription. The reporter’s charge for the original or a copy of a deposition transcript is taxable when the transcript was reasonably necessary to the litigation, as determined by the court.

    (2) Fact and Expert Witness Costs. Witness fees, mileage, and subsistence costs are taxable if the witness testified at trial, or at a deposition found reasonably necessary to the litigation. The request to tax witness costs shall separate fees, mileage, and subsistence costs.  A testifying party may not receive witness fees, mileage, or subsistence costs, so no such expenses can be taxed. An expert witness fee is not taxable unless the court appointed the expert and approved the fee. Witness fees, mileage, and subsistence costs for an expert witness not appointed by the court are taxable the same as, and subject to the same restrictions as, lay witnesses fees, mileage, and subsistence costs.

    (3) Interpreter and Translator Fees. An interpreter’s fee is taxable if the interpreted witness’s costs are taxable. A translator’s fee is taxable if the translated documents were admitted into evidence.

    (4) Document Copies. The cost of copying exhibits is taxable when the exhibits are requested by the court or admitted into evidence. The cost of copying 8” x 10” or smaller photographs is taxable if the photographs are admitted into evidence. The following costs are not taxable unless the court orders otherwise: the cost of copying photographs larger than 8” x 10”; the cost of charts or models; and the cost of compiling summaries, computations, or statistical comparisons.

    (5) Jury Costs. All jury costs, mileage, and allowances for subsistence are taxed equally to all parties when a jury trial is settled or otherwise disposed of in advance of trial or during trial but prior to verdict. No assessment will be made if the clerk is notified of the settlement before noon on the business day before the action is set for trial or if good cause is shown.
 

(a)     General. The clerk shall not disburse funds deposited with the court without an order setting forth the name and address of each payee and the amount of principal and interest (if any) to which each payee is entitled, or a means for ascertaining the same.

(b)     Payment by the Clerk. Funds generally will be disbursed about 14 days after the date of the court order unless otherwise ordered by the court. The clerk shall not disburse funds to a payee until a tax identification or social security number for the payee has been received.

(c)     Fees. All funds deposited with the court and invested as registry funds will be assessed a charge of 10% of the interest income earned. Fees may be deducted periodically without further order and will not be subject to any subsequent exceptions or adjustments by directive of the Administrative Office of the United States Courts.

If relief may be granted “after notice and hearing” as defined in Code § 102, and unless otherwise specifically provided in these rules, a notice shall contain the title of the motion or application, the date the motion or application was filed, and, unless a copy of the motion or application is served with the notice, an adequate summary of the relief requested. The notice shall state that if no objections are timely filed, the court may grant the relief requested without further notice or a hearing. The notice must be on a separate paper from the motion.

A motion to continue a hearing based solely on the agreement of the parties will not automatically be granted.

(a)    Admission to Practice.  Except as provided below, admission to practice before this court is governed by the local rules of the United States District Court for the District of New Mexico.

(b)    Membership in Bar of this Court.  An attorney admitted to practice before the United States District Court for the District of New Mexico is a member of the bar of this court.

(c)    Admission Pro Hac Vice.  An attorney who is not a member of the bar of this court may not appear in this court unless admitted pro hac vice, except for the purpose of filing proofs of claim or requests for unclaimed funds, preparing reaffirmation agreements, or for participating in meetings of creditors.  An attorney who is not a member of the bar of this court but who is a member in good standing of the bar of any state, of any territory of the United States, of the District of Columbia or of any federal court may file a motion to be admitted pro hac vice, which shall contain the statement that the attorney has read and is familiar with these rules.

(d)    Association With Member of the Bar Not Required.  Except as provided in section (e), an attorney who is not a member of the bar of this court is not required to associate with a member of the bar of this court, provided, however, that in any case or proceeding in which the court deems it necessary for the purpose of appearance, ready availability, familiarity with local procedures, or otherwise in the interest of expediting disposition of the case or proceeding, the court may require an attorney admitted pro hac vice to associate with a resident member of the bar of this court.

(e)    Association by Debtor’s Counsel With a Resident Member of the Bar.  Unless the court orders otherwise, an attorney who is not a member of the bar of this court and who is representing a debtor in a bankruptcy case pending before the court must associate with a member of the bar of this court who resides in New Mexico.  This rule does not apply to adversary proceedings.  A nonmember attorney may commence a case without associated resident counsel only if, on the petition date, the attorney files a motion for admission pro hac vice that includes a request to appear without resident counsel, and promptly submits an order to the court granting the motion.  The motion shall be served on the United States Trustee and the trustee, if any.  The court may grant or deny the motion without further notice or hearing.  This rule does not apply to adversary proceedings.