There are several different rules applicable to pro hac vice admission in New Mexico. Rule 24-106 of the Rules Governing the New Mexico Bar and Rule 1-089.1 of the New Mexico Rules of Civil Procedure provide the rules regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission for civil proceedings pending before a New Mexico court. Rule 5-108 of the Rules of Criminal Procedure governs mirrors Rule 1-1089.1 and governs pro hac vice for criminal matters in New Mexico district court. Rules 12-302(E) and (F) of the Rules of Appellate Procedure govern pro hac vice admission in civil and criminal proceedings before appellate courts.
Attorneys must be authorized to practice law before the highest court of record in any state or country. Attorneys must also make disclosures relating to professional liability insurance in compliance with New Mexico Rule 16-104.
Attorneys are required to associate with an active member in good standing of the State bar of New Mexico. The New Mexico lawyer must be personally present in all proceedings before the court, unless otherwise excused by the court.
Without associating with a New Mexico lawyer, attorneys licensed and in good standing in another state or territory may participate in discovery proceedings that arise out litigation pending in another state or territory. However, the court may require association with a New Mexico lawyer for a specific proceeding.
The New Mexico lawyer must sign the first motion or pleading, and his or her name and address must appear on all subsequent papers or pleadings. The New Mexico lawyer will be deemed to have signed every subsequent pleading and is not subject to the provisions of New Mexico Rule 1-011.
Non-admitted attorneys must apply separately for each civil action, suit, or proceeding where he or she intends to appear.
For each civil proceeding where the attorney intends to appear, the non-admitted attorney is required to file a Registration Certificate and pay a nonrefundable $250 fee with the State Bar of New Mexico. The fee will be waived if the attorney certifies that he or she is employed and will be appearing on behalf of a government authority, that he or she is employed by an agency providing legal services to indigent clients and will be appearing on behalf of an indigent client, or that he or she will appear on behalf of an indigent client and will not be charging a fee for the appearance.
The Registration Certificate must identify the proceeding and certify that the attorney:
- Is admitted or licensed as an attorney in good standing in another state or country.
- Will comply with applicable statutes, laws, and procedural rules of the state of New Mexico.
- Will comply with the Rules of Professional Conduct and the Rules Governing Discipline approved by the Supreme Court, and will submit to the jurisdiction of the New Mexico courts and the Disciplinary Board with respect to acts and omissions occurring during the attorneys admission under the pro hac vice rules.
Attorneys must then state by Affidavit that they are admitted to practice law and are in good standing to practice law in another state or country and that they have complied with Rule 24-106. The Affidavit must be filed with the first paper filed in the court or as soon as
practicable after a party decides on representation by non-admitted counsel. When the Affidavit is filed, the non-admitted counsel is deemed admitted. A separate motion and order are not required for the participation of the non-admitted attorney.
Appellate Courts (Civil)
For civil cases in appellate courts, non-admitted attorneys must comply with the primary pro hac vice Rule 24-106. New Mexico residents who are not admitted to practice in New Mexico are ineligible for pro hac vice admission. Attorneys may sign briefs, motions and other papers, and may orally argue before the appellate courts. Attorneys must associate with a New Mexico lawyer who is admitted and in good standing. The New Mexico lawyer must sign the first paper filed in the appellate court and his or her name and address must appear on all subsequent papers filed. The New Mexico lawyer must be personally present in all proceedings, unless otherwise excused by the appellate court.
Non-admitted attorneys must file an Affidavit that they are admitted to practice law and are in good standing to practice law in another state or country and they have complied with New Mexico Rule 24-106. The affidavit must be filed with the first paper in the appellate court or as soon as practicable after a party decides on representation by non-admitted counsel. The Affidavit does not need to be filed if the non-admitted attorney
already filed an Affidavit in a lower court. When the Affidavit is filed, the attorney is deemed admitted. Attorneys must make proof of service of the Affidavit as provided in New Mexico Rule 12-307. A separate motion and order are not required for the participation pro hac vice.
For good cause shown, the appellate court may revoke the privilege to practice pro hac vice.
Appellate Courts (Criminal)
For criminal cases in appellate courts, the pro hac vice rules mirror the civil rules. Attorneys must also comply with Rule 5-108.