Rule 1-007.1.Motions; how presented

Last amended December 31, 2019 · Last verified June 26, 2026

In one sentenceRule 1-007.1 sets the mechanics of motion practice—writing, seeking concurrence, response and reply deadlines, requesting a hearing, and filing a notice of completion of briefing.

Full Text of Rule 1-007.1

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A. Requirement of written motion. All motions, except motions made during trial, or as may be permitted by the court, shall be in writing and shall state with particularity the grounds and the relief sought.

B. Unopposed motions. The movant shall determine whether a motion will be opposed. If the motion will not be opposed, an order approved by all parties shall accompany the motion.

C. Opposed motions. The motion shall recite that the movant requested the concurrence of all parties or shall specify why no such request was made. The movant shall not assume that the nature of the motion obviates the need for concurrence from all parties unless the motion is a:

(1) motion to dismiss;

(2) motion for new trial;

(3) motion for judgment as a matter of law;

(4) motion for summary judgment;

(5) motion for relief from a final judgment, order or proceeding pursuant to Paragraph B of Rule 1-060 NMRA. Notwithstanding the provisions of any other rule, the movant may file with any opposed motion a brief or supporting points with citations or authorities. If the motion requires consideration of facts not of record, the movant shall file copies of all affidavits, depositions or other documentary evidence to be presented in support of the motion. Motions to amend pleadings shall have attached the proposed pleading. A motion for judgment on the pleadings presenting matters outside the pleading shall comply with Rule 1-056 NMRA. A motion for new trial shall comply with Rule 1-059 NMRA.

D. Response. Unless otherwise specifically provided in these rules, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within fifteen (15) days after service of the motion. If a party fails to file a response within the prescribed time period the court may rule with or without a hearing.

E. Separate counter-motions and cross-motions required. Responses to motions shall be made separately from any counter-motions or cross-motions.

F. Reply brief. Any reply brief shall be filed within fifteen (15) days after service of any written response.

G. Request for hearing. A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court.

H. Notice of completion of briefing. At the expiration of all response times under this rule, the movant or any party shall file a notice of completion of briefing. The notice alerts the judge that the motion is ready for decision.

End

Rule History

[As amended, effective December 4, 2000; March 15, 2005; as amended by Supreme Court Order No. 08-8300-032, effective November 17, 2008; as amended by Supreme Court Order No. 19-8300-017, effective for all cases pending or filed on or after December 31, 2019.]

Committee Commentary

If a party does not respond to a motion within fifteen days as required by Paragraph D of this rule, the moving party may submit a proposed order to the judge or the judge sua sponte may enter an appropriate order. Although the specific provisions of Rule 1-058(C) NMRA are not applicable, if a party submits a proposed order to the court, a copy of the proposed order must be served on all other parties. See Rule 1-005 NMRA of these rules, Rules 16-303 and 16-305 of the Rules of Professional Conduct and Rule 21-300 NMRA of the Code of Judicial Conduct. After assuring the non-responding party has received notice of the proposed order, the judge may enter an appropriate order.

Plain-English Summary

This rule tells lawyers how to run a motion. Motions must be in writing (except during trial or as the court permits) and state the grounds and relief with particularity. The movant must find out whether the motion is opposed: an unopposed motion comes with an agreed order, while an opposed motion must recite that the movant asked for concurrence or explain why not. A short list of dispositive motions—dismissal, new trial, judgment as a matter of law, summary judgment, and Rule 1-060(B) relief—are assumed opposed, so no request for concurrence is needed.

The rule sets the briefing clock. A response and its supporting materials are due within fifteen days after service of the motion, and any reply within fifteen days after the response; if no response is filed, the court may rule with or without a hearing. Responses must be separate from any counter- or cross-motions. A request for hearing is filed with an opposed motion, and when all response times expire any party files a notice of completion of briefing to tell the judge the motion is ready for decision.

Frequently Asked Questions

How long do I have to respond to a motion?

Fifteen days after service of the motion. A reply is due within fifteen days after service of the response.

Which motions are treated as opposed without asking for concurrence?

Motions to dismiss, for a new trial, for judgment as a matter of law, for summary judgment, and for relief from a final judgment or order under Rule 1-060(B).

What is a notice of completion of briefing?

A filing made once all response and reply deadlines have passed that alerts the judge the motion is ready for decision.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-007.1 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: how to present a motionopposed motionunopposed motionresponse to motionnotice of completion of briefing