These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2019 to May 1, 2020.
- Amendments to the New Mexico Rules of Civil Procedure include NMRA Rule 1.007.1 notice of completion of briefing, Rule 1-055 default, Rule 1-072 disposal of appeals from magistrate courts, Rule 1-079.1 public inspection of guardianship and conservatorship proceedings, Rule 1-088.1 notice of reassignment, and other rules in magistrate and metropolitan courts. Proposed amendments to the Rules of Civil Procedure include Rule 1-030 depositions, Rule 1-045 subpoenas, and Rule 2-201 consumer debt claims in metropolitan court.
- The Federal Rules of Civil Procedure did not contain any amendments during that time frame. However, proposed amendments to Fed. R. Civ. P. 7.1 discolosure statement and Fed. R. Civ. P. 30(b)(6) subpoenas directed at an organization were pending at the time these materials were prepared.
- The New Mexico Supreme Court issued opinions interpreting and applying rules discussing dismissal, sovereignty, and joinder; and writ of mandamus in the context of N.M. Const. art. VII, §1(B) (elections). The New Mexico Court of Appeals issued opinions interpreting and applying arbitration under the New Mexico Uniform Arbitration Act, NMSA 1978, §§ 44-7A-1 to -32(2001); Rule 1-060 relief from judgment due to mistake; Rule 1-041 failure to prosecute; injunction and damages under Rule 1-066; res judicata; revivial of a judgment; sovereign immunity and writ of error; and venue and joinder under § 38-3-1 (property).
- The Supreme Court of the United States issued an opinion discussing removal and injunction proceedings.
- The Supreme Court of the Navajo Nation issued an opinion interpreting the Navajo Sovereign Immunity Act, 1 N.N.C. § 555(A) and Nav. R. Civ. P. 12.
Albuquerque, New Mexico
Verónica C. Gonzales-Zamora & George Bach,
Civil Procedure Update 2020: New Mexico Annual Judicial Conclave,
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/802