SELF REPRESENTED DIVISION

(FOR SELF REPRESENTED LITIGANTS)

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 relations cases such as divorce and child support.

The Court has a pro se clinic to help you represent yourself. You may purchase forms and information packets at the Clerk's Office during regular business hours which are Monday to Friday, 8 a.m. to 12 (closed for lunch) and 1 to 5 p.m.. Also, about once a week, a volunteer attorney is available to answer questions and offer assistance. This service is offered on a first come-first served basis so come early to sign in and be prepared to wait. You may call the Pro Se Dept. at (575) 528-8326 to obtain the schedule of times.

PRO  SE  CENTER  CLINIC  HOURS
FIRST COME, FIRST SERVED BASIS !
SIGN IN UP TO ONE HOUR BEFORE SCHEDULED TIME
  AUGUST 2008

• All English speakers only unless otherwise noted.

• Subject to cancellation or change without notice.
  

  SELF REPRESENTED GUIDELINES

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. Court staff are not allowed to give you legal advice or advise you about what you should do. You may find basic law, rules, and statutes at the library. You may also access New Mexico laws online through the state courts web page at www.nmcourts.com or through the Supreme Court Law Library web page at http://www.fscll.org

2. Do not attempt to speak privately with the judges, hearing officers or special commissioners. You may only address the judge or judicial officer in charge of your case when both sides are present or given a chance to attend a hearing.

3. Put requests in the form of a written motion. You may pick up a motion packet at the Pro Se Office or some forms may be downloaded from the website.

4. In order to file a new case (or reopen a case closed for more than 90 days) you must pay a filing fee of $137 for a domestic relations case or $122 for a general civil case. Personal checks are not accepted. You must pay in cash or with a money order made out to the Third District Court. If you cannot afford to pay a filing fee, you may apply for free process. Free process is generally granted to low income persons.  Remember, the information you provide is provided under oath, punishable by perjury if incorrect. If evidence at a hearing differs from your Application for Free Process, you may be required to pay the fee.

5. You must bring the original paper to be filed and enough copies for each person who is a party, including yourself. All motions, petitions, or complaints are filed in the Clerk's Office. The Court keeps the original in the court file. Your copies will be stamped with the date the paper was filed. The clerks can give you information from your file such as the case number, who the assigned judge is, and what papers have been filed on what dates. Clerks may not give you advice about how to proceed in your case.

6. You must serve the opposing party with a copy of your initial papers. Any person who is over 18 years of age and not a party to the case may serve someone with papers. There is an information packet about Service of Process available in the Self Represented Division. After serving the initial papers, you must mail a copy of anything you file to all other parties in the case and include a Certificate of Service on anything you file indicating when you mailed it to the other parties.

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8. Dress with dignity. Do not wear shorts, halter tops, or other distracting or inappropriate clothing. Be clean and neat.

9. If possible, try not to bring children to court unless a child has been subpoenaed to testify.

10. Provide a current and reliable mailing address and telephone number to the Court. Once you file your initial papers in the case, you will be notified by mail of any hearings or motions. If you move, you must provide your new address and phone number to the Court. If you move and your mail fails to reach you, you may permanently lose important rights.

11. Requesting a hearing. You are responsible for bringing your case to the attention of the judge by submitting a request for hearing form. Cases with no activity for six months may be dismissed.

12. You must appear at all scheduled hearings. Arrive at least five to ten minutes before the scheduled hearing time and make sure the court monitor knows you are present and ready to proceed. If you request a hearing and do not appear, your case may be dismissed. If the other party requests a hearing and you do not appear, the other party will usually be provided with what they are asking the Court to do and you may permanently lose your opportunity to be heard on the issue. If an emergency arises and you cannot attend, you may seek to postpone the hearing by:

a. Contacting the other party (unless there is a restraining order in place) and ask them if they agree to postpone the hearing.

b. If they agree, you call the judge's office and explain you need to postpone the hearing and the other party agrees. You may be required to submit a written request.

c. If the other party does not agree, you should call and submit a written request for a continuance, stating that the other party does not agree. The Court may grant your request or may schedule a hearing on the request or may deny the request.

d. A hearing is never canceled or postponed until you are notified by the judge's office that your hearing has been postponed.

13. If you or the other party or witness need an interpreter to help understand the hearing, you must file a request for interpreter in the Clerk's office so that an interpreter will be available for the hearing. You must file your request at least twenty-four hours before the hearing. If you have any other special needs, please inform the Court as soon as possible after receiving your notice of the hearing. Every effort will be made to accommodate special needs.