Self Help Center

The Court’s Self Help Center is located on the first floor of the Courthouse, next to the Court Clerk’s Office.

The Center’s phone number is 505-455-8250 option 7 or 505-455-8166.

The email address is sfedselfhelp@nmcourts.gov.

The Center is staffed from 8 a.m. to 5 p.m. Monday through Friday (excluding holidays) by Court staff who can provide forms and procedural information. There is also space to sit down and fill out the forms.

Please be aware that the Self Help Center may not have forms for every purpose.

Court staff CANNOT give legal advice. “Legal advice” is explaining the law to you, explaining how the law may apply to your case, telling you what form you need to file, or telling you what to do in your case. “Legal advice” also includes telling you what to put in the blanks of forms. Court staff CANNOT tell you how to fill out the forms. They can explain what information the forms are requesting, but you must fill in the forms in your own words. Court staff cannot tell you what you should do in a given situation. Asking, “what would you do if you were me” is asking for legal advice!

PLEASE DO NOT ASK COURT STAFF FOR LEGAL ADVICE.

Settlement Facilitation

The Court has an Alternative Dispute Resolution (ADR) Program that offers settlement facilitation, which is similar to mediation, in which a neutral third party helps all the parties to a lawsuit come to an agreement on their own.

Settlement facilitators are attorneys with at least 5 years of experience in the subject matter of the case, plus mediation training and experience.

Settlement facilitators are not judges, and do not make decisions for you. They also do not represent or give legal advice to either party. They can share legal information with both parties to help them make their own decisions to settle their case.

You can get all the forms and instructions for how to use the program at the Court’s Self Help Center or by clicking on Forms, Alternative Dispute Resolution.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

Mediation for Developing Child Custody and Timesharing Agreements

If you have a parentage (paternity) case, or you are divorcing and you have children under the age of 18, you will have to file a Custody Plan or other document that describes how you and the children’s other parent will take care of them.

If you can’t come up with a Custody Plan on your own, mediation may be the best way to help the two of you work through your differences.

A mediator is a neutral third person who has training in mediation and communication techniques. The mediator’s job is to help you try to work out a solution that you both can live with. The mediator does not tell the parents what to do with their children, but helps them talk to each other, focus on the children, and explore possibilities. The mediation sessions are confidential and neither the parents nor the mediator may divulge information to the court that was acquired during the session.

There are several places where can you find a mediator:

• Family Court Services offers mediation with court employees who are licensed professional mental health counselors with extensive mediation training and experience. Mediation through Family Court Services is on a sliding fee scale.
• Private mediators also offer mediation. They have varying types of training and experience. They are usually not lawyers. Their fees vary from person to person, and may depend on the type of case.
• Some attorneys offer mediation. They also have varying types of training and experience. When an attorney acts as a mediator, they cannot represent or give either person legal advice, but they can give legal information. Their fees vary from person to person, and may depend on the type of case.

What happens if you can’t agree on a custody plan after mediating?

• Priority Consultation (usually ½ day) by Family Court Services.
• Advisory Consultation (usually all day, more detailed, may also include interviews with other persons, for instance, teachers, doctors, babysitters, etc.) by Family Court Services.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

1. When you do not have an attorney, you become your own attorney. You must follow the same rules that an attorney must follow. If you fail to follow the rules, you may permanently lose important rights. Court employees may not give you legal advice about how to proceed in your lawsuit. Please do not ask court employees for legal advice.
2. Every case is handled according to the laws and the Rules. There are two kinds of laws: Statutes are the laws passed by the legislature that apply to specific situations. Case law is when the Court of Appeals or the Supreme Court interpret how a statute applies to a particular situation. Rules are made by the New Mexico Supreme Court for how courts operate. Rules have the force of law. Be sure you know what laws apply in your case.The Rules of Civil Procedure govern how a case proceeds: how it’s filed, how the parties are notified that someone has filed something, how long the other side has to respond, how long you have to respond, how you get information from the other party, etc. The documents that are filed in a lawsuit are called “pleadings”. The Rules tell you what information must be included in your pleadings.In addition, every judicial district has Local Rules that describe some procedures that are particular to that court.You must follow the Rules of Civil Procedure and the Local Rules whenever you appear in court for any reason and whenever you file anything.The Rules of Evidence govern what a judge or hearing officer can hear, and how it’s presented in court. The judge can only hear information that is allowed by the Rules of Evidence.

   You may find the Rules and statutes at the Supreme Court Law Library. Be sure to study the statutes and Rules before you do anything.

3. Do not try to talk to the judge or hearing officer in private! All your interactions with the judge or hearing officer will be in the formal setting of a courtroom, in “hearings”, which are governed by the Rules of Civil Procedure and Rules of Evidence. If you want to talk to the judge, or you want the judge to make a decision on an issue, you must ask for a hearing. To ask for a hearing, you must file a Motion that tells the judge what you want to talk about or what decision you want him or her to make. You file the Motion in the Court Clerk’s Office, along with a Request for Hearing. These forms are available on the court’s website under “Forms”, and also at the Self Help Center. Be sure to send a copy of the Motion and Request for Hearing to the other party as soon as you file them.Any time the judge hears anything about the case from one party, the other party must have notice that the judge will hear evidence, and they have the opportunity to be there to hear what is said, and there is a court reporter present to record what is said.
4. Provide a current and reliable mailing address and telephone number to the court, hearing office and the other party. Once you appear in a case you will be notified of hearings or motions by mail only. If you move and you miss a hearing because your mail fails to reach you, you may permanently lose important rights. If you move after the first time you file a pleading, you should file a change of address in the court file. The court will only mail notices to the address you provide in the court file. If you have a protective order in place that keeps your contact information confidential, you must file a Motion for Order to Seal so that alternative arrangements can be made for notice. A Motion for Order to Seal form is available at the Self Help Center.
5. Appear at all scheduled hearings. Arrive at least fifteen (15) minutes before the scheduled time. Be sure to leave enough time to park and get through security – there may be a long line. Make sure the administrative assistant, bailiff, or court monitor for the Judge or Hearing Officer knows that you are present. If you have requested the Court to do something and you do not appear, your request will be dismissed. If the other party is asking for something and you do not appear, they may get whatever they are asking for because you are not present to object.If you do not appear at a scheduled hearing, you may permanently lose your opportunity to be heard on the issue.
6. Be Prepared! Bring all your documents with you whenever you have a hearing. You must provide the other side with copies of everything you want to show the judge – before you get into court. If you have documents you want to show the judge, bring copies for the other side.
7. If you, or any witnesses you may need to testify, need an interpreter to help understand the hearing, you should inform the administrative assistant for the judge or hearing officer assigned to your case at least twenty-four hours before the hearing. An interpreter will be provided at no cost for anyone who needs help understanding English. If you have any other special needs that require assistance during your hearing, please inform the judge’s administrative assistant as soon as possible after receiving notice of the hearing. Every effort will be made to ensure that your access to all services of the court will not be limited.
8. All the pleadings, motions, notices, and orders that are filed in your case are kept in an official court electronic database. Cases are open to the public unless they have been sealed through a special process. In general, anyone can look at any documents in any case just by asking. For this reason, you should be VERY careful about the information you include in any pleading you file. Do not put your Social Security number or complete account numbers in pleadings – someone could use that information to steal your identity. You need to know what’s in your court file at all times. You can see what is in your case file by checking the case online on the court’s website or by calling the clerk’s office. You can get copies of documents in the file for a charge of 35 cents a page. The only way to add anything to the court file is to file it with the Court Clerk’s Office.  You may not remove or delete anything from the case. The Clerk’s office can give you information from the case including your case number, the assigned judge, and the documents that have been filed. The Clerk’s telephone number is 505-455-8268. You can also see a list of the documents in your court file by using the “Case Lookup” feature on the website. Case Lookup doesn’t show you the actual documents, it is just a list of the documents in the file. Click one “Case Lookup” located at the top of the website.
9. Some documents must be notarized. Notaries are available in the Self Help Center and in the Court Clerk’s Office. You must have a photo ID and you must sign in front of the notary. If you have a document that must be notarized, DO NOT sign it until you are physically in front of the notary. Please do not ask notaries to sign for someone who is not present. The notary’s signature means that they saw the person sign the document, and the person signing provided proof of their identity. Remember that having your signature notarized means you swear that you are the person whose signature appears on the document, and that to the best of your knowledge the contents of the paper you’ve signed are true, under penalty of perjury.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

Everything that happens in a lawsuit is governed by either a statute or a rule.

Statutes are the laws passed by the legislature. They apply to specific situations, including divorces and parentage cases.  Case law is the law that is made when an appeals court interprets and applies a statute to a particular situation.

The state Supreme Court establishes the rules for the state judicial system.

The Rules of Civil Procedure govern how a case proceeds: how it’s filed, how the parties are notified that someone has filed something, how to get relevant information from the other side, etc.

The Rules of Evidence govern what a judge or hearing officer can hear in court, and how it’s presented in court.

If you are representing yourself, you will be expected to be familiar with, and follow, the Rules of Civil Procedure and Rules of Evidence.  In effect, you are both your own lawyer and your own client.  You will be expected to know both the law and procedures as they apply to your case. There are no special rules for self-represented people!  The same rules that apply to lawyers apply to you.

You can find the Rules and statutes at the Supreme Court Law Library, located at the corner of Don Gaspar and Alameda. It is open Monday through Friday from 8 a.m. to 5 p.m., or find them online. The law librarians can help you find Rules, statutes, forms, and other information, but they can’t give you legal advice.

The Rules of Civil Procedure and the Local Rules tell you exactly what the process is for filing a lawsuit.  Be sure to study the Rules before you file a case, or before you respond.

A lawsuit is opened by filing a “Petition for …” or “Complaint for…”. Read the next item for more information about how to open a case.

“Filing” means a document is given to the Court Clerk to put in the court’s record. Documents that are filed are called “pleadings”. You can tell that a pleading has been filed if it has a stamp in the upper right corner of the first page of the pleading.  The stamp says the name of the court, and the date and time it was filed.

In general, “Petitions” open family law cases – cases categorized as “DM” when they are filed. For instance, a divorce case is started by filing a “Petition for Dissolution of Marriage”.

The person who files a Petition is called the “Petitioner” and the other party is called the “Respondent”.

“Complaints” open civil cases – cases categorized as “CV” when they are filed. For instance, a debt collection case is started by filing a “Complaint for Breach of Contract and Money Due”.

The person who files a Complaint is called the “Plaintiff”, and the other party is called the “Defendant”.

The Petitioner or Plaintiff must have the Respondent or Defendant personally “served” with the Petition or Complaint and a Summons.  The most effective way to accomplish “Personal service” is to put a copy of the filed Petition or Complaint directly in their hands.  The person who hands the copy of the Petition or Complaint cannot be the Petitioner or Plaintiff, and must be over 18 years of age.  You can also serve a Petition or Complaint by certified mail, return receipt requested.  If you use this method, be aware that service is NOT completed until the Respondent or Defendant picks up their mail and signs for it.  The case CANNOT proceed until service is complete. That’s why handing the Petition or Complaint to them is the best way to serve them.  Personal service cannot be completed in any way other than hand-delivery or certified mail.

After the Respondent or Defendant is served, a form called a “Return” has to be filed. The Return says the date when the Respondent or Defendant was served. The Court has no way of knowing that the Respondent or Defendant has been served until the Return is filed.

Click here for more information about service. The legal requirements for service are set out in NM Supreme Court Rule 1-004.

After a Petition or Complaint is served, the Respondent or Defendant will have 30 days to file an Answer. Nothing will happen in your case until this time has passed!  Judges will almost never act without giving both sides an opportunity to present their side. But you must  respond within the allowed time, or the other side can request a default judgment.

If the Respondent or Defendant does not file an Answer or some other pleading that tells the court that they want to have a chance to tell their side, the Petitioner/Plaintiff can file for a “default judgment”. That means that they tell the court that Respondent/Defendant was served so they know about the case, but no response to the Petition/Complaint has been filed, so the Petitioner/Plaintiff should get what they asked for in their Petition/Complaint.  There are Rules that say how to go about asking for a default judgment.

After the case has been opened, whenever either party wants to ask the Court to do something, the request MUST be in the form of a written Motion that tells the Court what they want and why. You must file your Motion at the Court Clerk’s Office.  The person who files a Motion is called the “Movant”.

Do not try to talk to the judge or hearing officer in private!  He or she cannot talk to one party without the other party having notice and the chance to be present, and a court reporter to make a record. All your interactions with the judge or hearing officer will be in the formal setting of a courtroom, in “hearings”, which are governed by the Rules of Civil Procedure and Rules of Evidence.

You MUST provide a copy of anything you file to the other party or the attorney. You can hand deliver it, mail it, fax it, or email it. You must note on your pleading when and how you delivered it to the other party. This is called a “Certificate of Service”.

If one side files a Motion asking the Court to do something, the other side always has a chance to respond. They do this by filing a “Response to Motion to….“  There are time limits for responding to Motions. Check the Rules of Civil Procedure to find out how to file a motion and how long you have to respond to a Motion filed by the other side.

After a Response is filed, the person who filed the Motion or Request (the “Movant”) may file a Reply. The Rules of Civil Procedure also say how long the Movant has to file a Reply.

If you ask the Court to do something by filing a Motion and the other side objects by filing a written Response to the Motion, the Court may decide the issue based on the written pleadings (the Motion and the Response, and the Reply, if one is filed), or the Court may set a hearing so that both of you may present your side.

If you want to make sure you have a chance to talk to the judge to present your side and not just rely on the written Motion, you must file a Request for Hearing along with the Motion. If the judge decides to have a hearing, you will receive a Notice of Hearing that sets the date and time that you MUST appear.

If you receive a Notice of Hearing for a Motion that you filed, and you do not appear, the Court may cancel the hearing and dismiss your Motion.

If you receive a Notice of Hearing for a Motion that the other side filed, and you do not appear, the Court may give the other side what they’re requesting.

If you have received a notice of hearing you must be prepared to present all your evidence about that issue on the day of the hearing. Bring copies of your written evidence (exhibits) and provide them to the other party before the hearing. Study the Rules of Evidence to learn how to present your evidence in the hearing.

If you need a witness to help you prove your side, you may request the Clerk’s Office to issue a subpoena for that witness. The Sheriff’s office may serve subpoenas for you. You should consult with any witnesses you wish to testify for you before you arrange for a subpoena.

The Rules of Civil Procedure govern subpoenas and witness fees. Expert witnesses such as doctors, psychologists or accountants may require advance payment of fees.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

Opening

1. A case is opened by filing a Petition or Complaint. The Petition or Complaint tells the Court what the case is about. It must be signed by the Petitioner or Plaintiff, and that signature must be notarized.
   1. There is a filing fee. The filing fee must be paid in cash, credit card, debit card, or a cashier’s check or money order made out to the First Judicial District Court. Personal checks, are not accepted for filing fees. Click here for a list of the filing fees for different kinds of cases.
      If you cannot afford to pay a filing fee you may request free process or a reduced fee by filing an Application for Free Process. Remember that the information you provide on the Application for Free Process is under oath, subject to perjury. Also, if your Application for Free Process is granted, and evidence that is introduced later at a hearing differs from the information on your Application for Free Process, you may be ordered to pay the fee. Applications for Free Process are available at the Self Help Center, on the Court’s website, and at the Court Clerk’s Office.
   2. When you file your case, you must have the original Petition and enough copies for each person who is a party. A “party” is a person whose name is on the caption (the top part) of the pleading. If you do not have enough copies, the Court Clerk will make them for you at a cost of $.35 per page. Read the Filing Pleadings item for more information about pleadings.
   3. The original pleading will be kept by the Clerk for the Court file. The copies will be stamped with the date the pleading was filed. These are called “endorsed” copies.
   4. Many forms are available at the Self Help Center. Many of these forms are also available to download from this web site. Click here to link to the Forms page. Please remember that the Self Help Center does not carry a form for every purpose. The Self Help Center does not have an all-purpose Complaint form for civil (CV) cases.
      The New Mexico Supreme Court has adopted forms to be used in divorce and parentage cases.
      The Self Help Center has packets of the forms necessary for divorces and parentage (paternity) cases. These packets range from $5 to $20 if you purchase them at the Self Help Center, or you can download them for free by going to Forms. The Forms section also provides instructions for downloading divorce forms from the nmcourts.gov website.
      You may need to do further research – the Supreme Court Law Library is a good place – to figure out what information to put in your pleading.
2. You also need to fill out and file a “Summons”. This is the document that tells the other side that they have been sued in court and they must respond to the Petition or Complaint. You can download a Summons form here, or get one at the Self Help Center.
3. After you file your Petition or Complaint, you must personally “serve” the opposing party with a copy of the Petition or Complaint and the Summons to let them know that a lawsuit has been filed against them. Study Rule of Civil Procedure 1-004 to find out how to properly serve the other party.

Your suit will not proceed – nothing will happen in it – until the Respondent/Defendant has been served. If service is not proper, your case will be dismissed and closed.

Re-Opening

1. If you are re-opening a case that has been closed for more than 45 days, you must file a Summons and Petition or Motion to Re-open, and you must have these pleadings personally served on the other party. There is no filing fee to reopen a case that has been closed for less than 45 days.
2. If the case has been closed more than 90 days, you must file a Summons and Petition or Motion to Re-open. You will also have to pay a filing fee.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

What is a “Pleading”?

The court record in any case consists of documents that are filed in the Court Clerk’s Office. Filed documents are usually called  “pleadings”. Pleadings tell the court what the dispute is about, and what the parties want the court to do about it.

What does a pleading look like?

Pleadings all have the same format. At the top of the first page is the “caption”. The caption has a lot of information. It identifies the state, the county the case was filed in, the court, and the parties. It includes the case number. The caption is always the same for every pleading that is filed in the case, no matter who files it.

In a civil (CV) case, the parties are called the “Plaintiff” and the “Defendant”.

In a domestic (DM) case, the parties are called the “Petitioner” and the “Respondent”.

The person who files the first pleading in the case is called the “Plaintiff” or “Petitioner”. The other party is called the “Defendant” or “Respondent”. These designations never change throughout the case, no matter who files what pleading after that. Neither party has an advantage by being the Petitioner or Plaintiff.

The case number has a lot of information, too. In the example below, the case number tells you the case is a district court case (D), filed in Santa Fe County (0101), in a domestic matter (DM), in the year 2010, and was the 98765 case filed that year.

This is what a caption for a Notice of Hearing in a divorce case filed in Santa Fe County looks like:

STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT COURT

CASE NO.  D-0101-DM-2010-98765

JANE X.
Petitioner,

vs.

JOE X.,
Respondent.

NOTICE OF HEARING

How do you file a pleading?

You can take your pleading to the Court Clerk’s Office. Bring enough copies for yourself and all the other parties. Ask to have the pleading filed, and the copies endorsed (stamped). The clerk will file the original. They will stamp the copies and return them to you. You can also file a pleading by emailing it to sfedfilings@nmcourts.gov.

There is no fee to file pleadings, except the Petition or Complaint that opens a case.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

The Rules of Civil Procedure and the Local Rules tell you exactly what the process is for conducting a lawsuit. Be sure to study the Rules before you file a case, or before you respond.

All of these procedures are governed by the Rules of Civil Procedure.

A lawsuit begins when a “Complaint for …” or a “Petition for …” is filed. Review the How a Lawsuit Proceeds item for more information about how a lawsuit proceeds.

The person who files the lawsuit is called the “Plaintiff” if they filed a Complaint or the “Petitioner” if they filed a Petition.

The person it is filed against is called the “Defendant” if a Complaint was filed, and a “Respondent” if a Petition is filed.

After the Complaint or Petition is filed, the Plaintiff/Petitioner has to “serve” the Complaint or Petition on the Defendant/Respondent. “Service” is the procedure used to make sure that the person being sued knows about the lawsuit.

When service is complete, that is, when the Defendant/Respondent has a copy of the Complaint/Petition, then the Defendant/Respondent has 30 days to file an “Answer”.

Answers are very basic.

Lawsuits are built around proving statements to be true or false, and then applying the law to them. If both parties agree that a statement is true, then it does not need to be proved further. If the parties do not agree that a statement is true, the lawsuit will continue on the disputed allegations.

The Complaint/Petition is arranged by numbered paragraphs. The statements in the numbered paragraphs are called “allegations”, because they haven’t yet been agreed or proved to be true. Each separate allegation should have its own numbered paragraph.

A proper Answer responds to each numbered paragraph in the Complaint/Petition using the same number. It’s very important to answer every numbered paragraph in the Complaint/Petition.

The response for each numbered paragraph is that the Defendant/Respondent either admits, denies, or doesn’t know the truth about the allegations.

If the Defendant/Respondent admits the allegations in a paragraph, they agree that the allegations are true, and so the allegations in that paragraph don’t need further proof. This is not the same as admitting guilt in a criminal case! In an Answer, “admit” just means “agree”.

If the Defendant/Respondent denies the allegations in a paragraph, they disagree that the statement is true, and the allegation must be either proved or disproved.

If the Defendant/Respondent doesn’t know if an allegation is true, they say that, and the allegation must be either proved or disproved.

So, for instance, paragraph 3 of Form 4A-103,  Petition for Dissolution of Marriage, says:

“3. The parties were married on ___ (date) in ___ (city), ____ (state), and have remained spouses since that date.” That statement is an “allegation” – a statement to the court that so far is not proved to be true.

To answer paragraph 3, if the Respondent agrees that the information in the blanks is correct, s/he will write in the Answer: “Respondent admits the allegations contained in paragraph 3.”

If the Respondent does not agree that the information is correct, s/he will write:

“Respondent denies the allegations contained in paragraph 3.”

If the Respondent doesn’t know if the information is correct, s/he will write:

“Respondent does not have sufficient information to admit or deny the allegations of paragraph 3, and therefore denies them.”

After you’ve answered all the numbered paragraphs, you respond to whatever it is that the Complaint/Petition says at the very end that it wants the court to do. For instance, in a divorce petition, if the Petitioner has asked the court to grant him/her sole custody of the children, or spousal support (alimony), and the Respondent wants joint custody and doesn’t think s/he should have to pay spousal support, this is the place to say that. You can do this in a new section called “Counterclaims”.

If you want to give your side of whatever allegations the Plaintiff/Petitioner made, you can add a section called “Affirmative Defenses”. For instance, in a breach of contract case, if the Plaintiff has alleged that the Defendant didn’t do what the contract required, an “Affirmative Defense” might be that the Plaintiff did something that prevented the Defendant from performing under the contract.

For divorce cases, you should use Form 4A-104, Response

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

1. When you come to court, dress with dignity. Some judges have dress codes, and you may be asked to leave the courtroom if your dress does not comply. Do not wear shorts, flip-flops, sunglasses, halter tops, tank tops, pants that won’t stay up without a belt or that show your underwear, T-shirts with rude messages, or other distracting clothing. Make sure any metal on your clothing (e.g., belts, shirts/jackets with metal buttons) can be removed, or you won’t make it through security. Be clean.
2. Don’t be on time – be early, at least 15 minutes. You need to allow time to go through security, find your courtroom and check in. There is only one entrance to the courthouse, and only one person at a time can come in. Remember to allow time to find parking and get to the courthouse. Bring enough change for the parking meter or plan to park in a parking garage – you can’t get change in the courthouse, and once your hearing starts you can’t leave until it’s over.
3. Don’t chew gum or eat or drink in the courtroom.
4. Turn your cell phone off, not just on “vibrate”.
5. At your hearing or trial, you address the judge as “Your Honor”.
6. DO NOT BRING CHILDREN TO COURT. Unless a child has been subpoenaed to testify. Children are not allowed in the courtrooms or hearing rooms. No day care is provided by courthouse staff. Children may not be left unattended.

If an emergency arises which requires you to vacate (cancel) or continue (postpone) a hearing, follow these steps:

1. You must contact the other party, unless you have an Order Prohibiting Domestic Violence, and tell them that you need to cancel or postpone the hearing and why. Find out if they will agree to cancel or postpone the hearing.
2. If the other party agrees, call the administrative assistant for the judge or hearing officer and tell them you are going to file a motion to vacate or continue, with the consent of the other party.
   1. Then fill out a Motion for Continuance, making sure to state that the other party does not object to a continuance, and file it. You can download the form or pick one up at the Self Help Center.
3. If the other party does not agree, call the administrative assistant  for the judge or hearing officer and tell them you are going to file a motion to vacate or continue and why, and the other party does not agree.
   1. Then fill out a Motion for Continuance, stating that the other party does object to a continuance, and file it.
   2. Make sure you ask the Clerk to give a courtesy copy to the judge. Give the other party a copy too, by hand-delivering, mailing, or faxing it to them.
4. The judge or hearing officer may grant the continuance, or he or she may set a hearing in person or by telephone to hear the other party’s objections before ruling on your request to continue the hearing.
5. A hearing is never canceled or postponed until the judge or hearing officer cancels or postpones it. Just because you or the other side has filed a motion to vacate or continue the hearing doesn’t mean it has been granted. Make sure you have heard from the judge’s administrative assistant that you do not need to appear before you fail to appear.

The information on this website is not intended as legal advice, and does not substitute for seeking independent legal advice regarding the handling of a lawsuit or related legal matters.

1. Let the Court know you want a settlement conference. If you were referred to a settlement conference by a judge’s scheduling order, you must still follow this procedure. This procedure is also used to request a referral to foreclosure mediation.
   1. Obtain the proper forms: Forms are available at the Self Help Center or from the ADR Office: call 505-455-8146 or email: sfedselfhelp@nmcourts.gov. You can also download the forms from the Court’s website. Use only these forms; do not make up your own forms. If you want the Court to assign a Settlement Facilitator from the Court’s list: Obtain a Request for Referral to Settlement Conference form. Complete the form. Settlement Facilitators on the Court’s list are attorneys with at least 5 years of experience in the subject matter who have mediation training and experience. If you and the other party have agreed on a Settlement Facilitator (who may be, but is not required to be, a person on the Court’s list) and just need a Referral Order, obtain a “Stipulated Request for Referral to Settlement Conference”. Complete the form, and make enough copies of the Request for Referral to Settlement Conference for yourself, the judge, the ADR Office, and all the parties.
   2. Then file the Request in the Court Clerk’s office.
      • The Clerk’s office will keep the original. Ask the filing clerk to endorse (stamp) each of the copies. If you can’t go to the Courthouse in person, you can file by fax at 505-455-8280 or by email at sfedfilings@nmcourts.gov or mailing the original and copies to the Court Clerk’s Office, First Judicial District Court, P. O. Box 2268, Santa Fe, NM 87504-2268. Be sure to include stamped envelopes, one with your name and address, and one for each party with their name and address. Include a letter asking the Court Clerk to file your Request, return endorsed copies to you and the other party by mail, and provide a copy to the ADR Office.

2. The ADR Office will assign a settlement facilitator, and will generate a Referral Order, which will be forwarded to the judge for review and for filing. An Order of Referral to Settlement Conference is a court order and all of its terms MUST be obeyed by every person to whom it applies! DO NOT IGNORE ANY PART OF THE REFERRAL ORDER!
3. All of the participants – the parties and their attorneys – in the Settlement Conference except the Settlement Facilitator must complete a short, confidential evaluation of the Settlement Facilitator’s performance within 5 business days after the Settlement Conference. Completed evaluations should be returned to the ADR Office as directed on the evaluation form.
4. Within 5 business days after the settlement conference, the Settlement Facilitator will file a Certificate of Compliance with the Court Clerk.
5. If any participant at any time does not comply with any term of the Order, the other participants should remind him/her of the terms of the Order. If non-compliance continues, any other participant may file a Notice of Non-Compliance using the court’s form. The judge may take any appropriate action in response to the Notice of Non-Compliance.
6. The Settlement Facilitator or any party may file a Request for Replacement Settlement Facilitator using the proper form. No explanation is required for requesting that the Settlement Facilitator be replaced. If you use this form, the ADR Office will assign a replacement Settlement Facilitator from the Court’s list. If you and the other parties agree on a replacement Settlement Facilitator, use the Stipulated Request for Replacement Settlement Facilitator. The rest of the procedures are the same as for a Request for Referral to Settlement Conference.
7. If your case is referred to settlement conference and you do not feel that a settlement conference will be helpful in resolving it, you may ask the Court’s permission not to have a settlement conference by filing a Motion for Excusal from Settlement Conference (the form is available on the courts website or at the Self Help Center). Remember, just because you ask for excusal doesn’t mean the judge will grant your request. You must continue to comply with the Referral Order until it is modified by another court Order. 

THEY are called the RESPONDENT

YOU must legally notify each respondent that you filed a petition against them.

YOU must file proof with the court that you did so.

The court WILL NOT do this for you.

1. Legal Notice by Personal Service
   If you know where the respondent works, lives, or can be found.
   A friend or family member (must be over 18) delivers a copy of all the paperwork to the respondent.

2. Legal Notice by Mail
   If you have a good mailing address for the respondent.

3. Legal Notice by Publication
   If you DON’T know where the respondent works, lives, or can be found.
   Your case will NOT move forward unless you legally notify each respondent that you filed a petition against them. You may want to see a lawyer for advice.
   This information sheet only highlights the 3 most common ways to serve the respondent. For details, see Rule 1-004 NMRA.