The information contained in this page is offered to help you represent yourself in the District Court if you do not have a lawyer, that is, you are “pro se”. This is not legal advice and may not apply to every situation. It is strongly recommended that you have a lawyer to consult with or to represent you. Most of the information contained in this page pertains to domestic cases, e.g. divorce, custody, and child support and civil cases such as contract and probate. It does not pertain to criminal cases.

The Court has established a Pro Se Clinic to help you represent yourself. You may attend the Pro Se Clinic offered once a month in both McKinley County and San Juan County.  Contact the clerks’ office for information.

1. You must follow the same rules that a lawyer must follow. If you fail to follow the rules, you may permanently lose important rights. Courthouse staff is prohibited from giving legal advice. You may find the basic law, rules, and statutes online at NM Supreme Court Law Library .

2. Do not attempt to directly contact the judges or hearing officers. The judges may only speak to you when all parties are present.

3. Put requests in the form of a written petition or motion. Many forms are available at the District Court Clerk’s Office. Many of these forms are also available to download from this web site. Click here to link to the Forms Page.

4. In order to file a new case, or reopen a case closed for more than ninety(90) days, you must pay a fee.  Personal checks are not accepted. You must pay with cash or a money order made out to the “Eleventh Judicial District Court." If you cannot afford to pay a filing fee, you may request free process or a reduced fee on the Application for Free Process. If evidence at a hearing differs from your Application for Free Process, you may be ordered to pay the fee.

5. You must have the original Petition, Motion or Order and enough copies for each person who is a party and the Court. If you do not have enough copies, the clerk will make them for you at a cost of $.35 per page.

6. You must file all legal papers in the clerk’s office. The original document will be kept by the Clerk for the Court file. Your copies will be stamped with the date filed. This is your endorsed copy. The clerks can give you information from the Court file including your case number, who the assigned judge is, and what papers have been filed. Clerks may not give you legal advice.

7. All papers filed with the Court must be served on the other parties in your case. A Summons, Petition or Motion in a closed case (closed more than 90 days) and some orders, must be served as directed in Rules of Civil Procedure 1-004. All motions on ongoing cases and correspondence must be mailed to the other party or his or her lawyer. You must note on your legal papers or correspondence the date when you mailed it.

8. If you have received a notice of hearing, you must be prepared to present all your evidence on the day of the hearing. Bring your witnesses and written evidence. Bring copies of your exhibits and provide them to the other party before the hearing. You must prepare subpoenas to require witnesses to appear. The clerk must then sign your subpoenas. The Sheriff’s Office may serve subpoenas for you. Witness fees also need to be served to people you subpoena (See Rule of Civil Procedure 1-045). Witness fees for any witnesses who are not expert are up to $75.00 per day plus mileage at the rate of $.25 per mile, see Section 10-8-4 N.M.S.A. Expert witnesses such as doctors, psychologists or accountants may require advance payment of fees. You should consult with any expert witnesses before you arrange for a subpoena.

9. Provide a current and reliable mailing address and telephone number to the court, hearing office and the opposing party. Once you appear in a case, you may be notified of hearings or motions by mail only. If you move and your mail fails to reach you, you may permanently lose important rights. You should file a change of address in the court file. The court of hearing office will only mail notices to the address you provide in the court file.

10. Request a hearing. You are responsible for bringing your case before the judge or hearing officer by submitting a request for hearing form. Cases, which are not heard within (6) six months are subject to dismissal.

11. Appear at all scheduled hearing. Arrive at least ten (10) minutes before the scheduled time and make sure the secretary or court monitor for the Judge or Hearing Officer knows that you are present. If you are requesting a relief and you do not appear, your case will be dismissed. If the other party is asking for a relief and you do not appear, they will normally get the relief they are asking for. You may permanently lose your opportunity to be heard on the issue. If an emergency arises which requires you to vacate (cancel) or continue (postpone) a hearing:

• a) 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.
• b) If the other party agrees, you should call the judge or the hearing officer’s administrative assistant and give a written request for a continuance, stating that the other party does not object to a continuance.
• c) If the other party does not agree, you should call and write to request a continuance, stating that the other party does object to a continuance. The Court or hearing officer may grant the continuance or set a hearing in person or by telephone to hear the other party’s objections before ruling on your request to continue the hearing.
• d) A hearing is never canceled or postponed until the judge or hearing officer cancels or postpones it. Make sure you have heard from the judge’s administrative assistant that you do not need to appear before you fail to appear.

12. If you, or the other party or witnesses, 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 five (5) days before the hearing.  The cost of the interpreter will be charged to the party who requested the interpreter. If you have any other special needs to assist you in participating in your hearing, please inform the administrative assistant as soon as possible after receiving notice of hearing. Every effort will be made to ensure that your access to all services of the court will not be limited.