Last amended December 31, 2013 · Last verified June 26, 2026
In one sentenceRule 1-089.1 lets out-of-state attorneys appear in New Mexico courts only in association with local counsel after complying with the pro hac vice rule, and may require nonresident New Mexico lawyers to associate local counsel.
A.Nonadmitted counsel. Except as otherwise provided in Paragraph C of this rule, counsel not admitted to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or country, may upon compliance with Rule 24-106 NMRA, participate in proceedings before New Mexico courts only in association with counsel licensed to practice law in good standing in New Mexico, who, unless excused by the court, must be present in person in all proceedings before the court. Nonadmitted counsel shall 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 NMRA. The affidavit shall be filed with the first paper filed in the court, or as soon as practicable after a party decides on representation by nonadmitted counsel. Upon filing of the affidavit, nonadmitted counsel shall be deemed admitted subject to the other terms and conditions of this paragraph. A separate motion and order are not required for the participation of nonadmitted counsel. New Mexico counsel must sign the first motion or pleading and New Mexico counsel’s name and address must appear on all subsequent papers or pleadings. New Mexico counsel shall be deemed to have signed every subsequent pleading and shall therefore be subject to the provisions of Rule 1-011 NMRA. For noncompliance with Rule 24-106 NMRA or this rule, or for other good cause shown, the court may issue an appropriate sanction including termination of the attorney’s appearance in any proceeding.
B.Nonresident counsel licensed in New Mexico. In order to promote the speedy and efficient administration of justice by assuring that a court has the assistance of attorneys who are available for court appointments, for local service, for docket calls and to prevent delays of motion hearings and matters requiring short notice, the court may require a nonresident counsel licensed to practice and in good standing in New Mexico to associate resident New Mexico counsel in connection with proceedings before the court.
C.Discovery matters; counsel not licensed in New Mexico. Counsel who are not New Mexico residents and who are not licensed to practice law in New Mexico, but who are licensed to practice law and in good standing in another state or territory may, without associating New Mexico counsel, participate in discovery proceedings which arise out of litigation pending in another state or territory. However, in a specific proceeding, the court may require association of New Mexico counsel.
End
Rule History
[As amended, effective October 15, 1986; January 20, 2005; as amended by Supreme Court Order No. 13-8300-040, effective December 31, 2013.]
Plain-English Summary
This rule governs appearances by lawyers from outside New Mexico. Except for certain discovery matters, counsel not admitted in New Mexico but in good standing elsewhere may participate only in association with a New Mexico lawyer who is generally present, after complying with the pro hac vice rule (Rule 24-106) and filing an affidavit; New Mexico counsel signs the first paper and is treated as signing later ones under Rule 1-011.
To keep cases moving, the court may require a nonresident attorney who is licensed in New Mexico to associate resident local counsel. And counsel from another state who are not licensed here may take part in discovery for out-of-state litigation without associating New Mexico counsel, though the court may require it in a particular case.
Frequently Asked Questions
Can an out-of-state lawyer appear in a New Mexico case?
Yes, but only in association with a New Mexico lawyer (who is generally present), after complying with the pro hac vice rule and filing the required affidavit.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-089.1 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:pro hac vicenonadmitted counselnonresident counselout-of-state attorneylocal counsel