Civil

I already have a court order (or judgment or decree) in my case, but I need to get the order changed.

I already have a court order (or judgment or decree) in my case, but I need to get the order changed. How do I ask the court to change the order?

This web site cannot advise you about whether you can actually get the order changed or whether you should even ask. You may want to consider contacting an attorney for legal advice. If you decide you want to ask the court to change the order, one option would be to file a Motion to Modify Previous Decree/Judgment/Order and Request for Hearing. Before you file your Motion to Modify and Request for Hearing, you must provide copies of the motion and request to the opposing party. Be very sure that the opposing party actually receives the copies.

I live in another city. Can I call in to the court and appear by telephone for my hearing?

Only the judge in your case can give you the permission to do so. To ask permission to appear by telephone, you must file a Motion to Appear by Telephone and do it well in advance of the hearing. When you file the motion, you must also submit a proposed Order Allowing Appearance by Telephone for the judge’s use. Before you file your Motion to Appear by Telephone, you must provide a copy of the motion to the opposing party according to Rule 1-005 of the New Mexico Rules of Civil Procedure. Click here to see Rule 1-005.

How do I ask the court to do something in my case when the other party is not following a court order in the case?

You may want to consider filing a Motion For Order to Show Cause. When you file the motion, you must also submit a proposed Order to Show Cause for the judge’s use. If your case is in San Juan County, click here to print out Motion For Order to Show Cause and Order to Show Cause forms.

How do I appeal to the New Mexico Court of Appeals from a decision made by the District Court Judge?

Information and forms to file an appeal to the New Mexico Court of Appeals may be found on that Court’s web site at http://coa.nmcourts.gov. Currently, access the drop-down menu entitled "Documents". From there, choose “Forms" if you represent yourself. You can then select forms for an appeal in a civil case, a domestic case or a criminal case

Do I need an attorney to represent me in District Court?

Attorney representation is required only for companies/corporations. Individuals may choose to represent themselves. Self-representation requires that you prepare all necessary paperwork and that you know and follow the law and legal procedure.

How do I fill out forms?

Self-represented litigants must contact an attorney if assistance in filling out forms is needed. Court staff cannot provide advice or assistance for filling out forms.

How soon will I get a hearing?

The Judge's office schedules hearings after it receives a Request for Hearing form.

How will I know when to appear in court?

A notice of hearing will be sent to you when a hearing is scheduled. You may receive a mailed notice from the Judge's office. You also may receive a summons or subpoena that tells you when to appear in court. If you are represented by an attorney, your attorney will inform you about court dates. Information also is available from the Clerk's office and from the New Mexico State Courts Web site online case lookup. It is important that the Clerks' Office always has your current address on file so that you will receive notices.

Something serious has come up and I cannot make my court hearing date. What do I do?

If you cannot make a court hearing on the day of the hearing, immediately call the judge’s office. You must have a very serious reason. Explain to the judge’s staff what the situation is. The judge may grant a continuance, that is, allow the hearing to be reset for another day.

I can’t afford to pay the filing fee to get my case filed with the court. Is there any way the court can help me?

If your income does not exceed 150% of the current federal poverty guidelines, the court may waive the filing fee and/or allow for free service of process. You must file an Application and Order for Free Process when you file your case. The form will ask you to list your income, dependents and expenses. After you complete the form, the clerk will provide the information to the judge’s office. If the judge finds that you meet the income requirements, the judge will sign an order indicating whether you must pay the filing fee and whether free process will be allowed.

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