Rule 1-128.13.Authority of tribunal in case of noncompliance
Last verified June 26, 2026
In one sentenceRule 1-128.13 lets a tribunal still enforce an agreement, disqualification, or privilege despite noncompliance with certain rules when it finds the parties intended a collaborative law process.
Notwithstanding a failure to comply with Rules 1-128.1, -128.9, or -128.10 NMRA, a tribunal may enforce an agreement, apply the disqualification provisions of Rule 1-128.6 NMRA, or apply a privilege under Rule 1-128.12 NMRA when the tribunal concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:
A.the parties signed a record indicating an intent to enter into a collaborative law participation agreement;
B.the parties reasonably believed they were participating in a collaborative law process; and
C.the interests of justice require finding that the parties were participating in a collaborative law process.
End
Rule History
[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]
Plain-English Summary
This rule prevents technical defects from defeating a genuine collaborative process. Even when the parties did not fully comply with the agreement-requirements rule, the appropriateness rule, or the coercion-screening rule, a tribunal may enforce an agreement, apply the disqualification provisions, or apply the privilege when it concludes the parties intended to enter a collaborative law participation agreement and to participate in the process. That conclusion must rest on findings that the parties signed a record showing that intent, reasonably believed they were participating, and that the interests of justice require the finding.
Frequently Asked Questions
Can a collaborative agreement be enforced despite a procedural defect?
Yes. A tribunal may enforce an agreement, disqualification, or privilege despite noncompliance with certain rules if it finds the parties signed a record showing intent, reasonably believed they were participating, and the interests of justice require it.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.13 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:noncompliancecollaborative law noncompliancetribunal authority