N.M. Admin. Code § 13.21.4.11 - ELECTRONIC DOCKET AND FILING OF PLEADINGS
A.
Electronic docket.
Individuals or their counsel may access OSI's free electronic docket to view
cases and filed pleadings. Registration of a free user account is required to
file pleadings into a docket or to request a hearing. Every written document
that is submitted to a hearing officer or exchanged between parties for
consideration, including pleadings, such as motions, responses and objections,
all evidentiary documents and any other filings shall include the caption and
shall be filed to the electronic docket.
B.
Opening the docket. A docket
shall be opened by the superintendent at the superintendent's discretion or by
request for hearing filed in the OSI's electronic docket.
C.
Public access. Unless
otherwise determined by the superintendent upon consideration of a request by a
party for confidentiality, all dockets shall be open for public
inspection.
D.
Filing
restrictions and service.
(1) The OSI
docket administrator will review all filings for compliance with these rules.
Non compliance with filings will be returned to submitter for
correction.
(2) The OSI's
electronic docket does allow for electron service. All parties of record shall
be listed on the initial request for hearing and shall be selected for service
with each additional filing.
(3) All
filings shall include a certificate of service that documents the method of
service used. A represented party shall only be served through
counsel.
(4) In-person filing shall
be accepted on business days between 8:00 am. and 4:00 pm. In-person pleadings
will be marked as filed on the business day that the OSI receives the
pleading.
D.
Filing requirements.
(1) All
motions, except motions made on the record during the hearing or a continuance
request made in a genuine unforeseen emergency circumstance (such as an
unexpected accident, force majeure, or major medical emergency occurring in
such close proximity to the date of the scheduled hearing that a written motion
could not be completed), shall be in writing and shall state with particularity
the grounds and the relief sought.
(2) Absent any order to the contrary, no
pleading shall exceed 10 pages, excluding the caption and certificate of
service, of double-spaced (except for block quotations), 12-point font. Only
relevant excerpts of a motion exhibit shall be filed, with the pertinent
portions highlighted, underlined, or otherwise emphasized. All exhibits and
attachments shall identify the total number of pages, and consecutive page
numbers (e.g., "Page 1 of 10"). Only single-sided documents
will be accepted for filing or into a record at a hearing.
E.
Request for concurrence.
Before submission of any motion, request for relief or request for continuance,
the requesting party should make reasonable efforts to consult with each other
party about that party's position on the motion unless the nature of the
pleading is such that it can be reasonably assumed the requested relief would
be opposed. The moving party shall state the position of each other party in
the pleading.
F.
Responses to
pleadings.
(1) Unless a different
deadline has been established by the hearing officer, each non-moving party
shall have 10 calendar days to file a written response to a pleading.
(2) If a deadline for filing falls on a
non-business day, the deadline falls on the next business day.
(3) The hearing officer has the discretion to
extend or shorten the response deadline.
(4) Failure to file a response in opposition
may be presumed to be consent to the relief sought.
(5) The hearing officer is not required to
make a default ruling on any motion if the relief sought could be contrary to
the facts or law on the issues.
G. In the event of a procedural defect or
other error with the manner, method, or content of a submitted pleading, the
hearing officer or records manager may communicate such error to the filing
party and withhold filing of the pleading until the moving party remedies the
procedural defect. Examples of a procedural defect include, but are not limited
to, failure to certify service, failure to comply with the page limitations,
failure to confer with other parties, failure to use the form or follow the
specific filing method required by the OSI, submission of double-sided
documents, failing to properly number pages, failure to use the correct caption
of reference the assigned docket number, or failure to comply with an
applicable standing order.
Notes
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