Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NEW MEXICO STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: New Mexico District Courts (general jurisdiction — 13 judicial districts), Court of Appeals, Supreme Court, Magistrate Courts, and Municipal Courts. Most civil and criminal trial matters are filed in District Court.

E-Filing System: New Mexico uses the Odyssey e-filing platform for District Court matters in most counties. Access varies by judicial district; many are accessible at: https://nm.tylerhost.net. Check the specific judicial district's court website for e-filing instructions. The New Mexico Courts Case Lookup is available at: https://caselookup.nmcourts.gov.

Governing Rule — Rule 1-089 NMRA:
This is the primary procedural rule governing attorney appearances, withdrawals, and substitutions in New Mexico District Court.

• Filing an appearance: An attorney must file an entry of appearance (or the filing of a pleading signed by the attorney serves as constructive appearance).
• Withdrawal requiring court order: In most active cases, an attorney seeking to withdraw must obtain a court order. The motion must be served on the client and all parties.
• Exception — Limited scope representation: An attorney providing limited scope representation who completes the defined purpose need not obtain a court order; filing a Notice of Completion of Limited Appearance suffices.
• Substitution: Simultaneous withdrawal and substitution by new counsel, with client consent, is the most straightforward path. Court approval is generally still required unless the court's standing orders or local rules provide otherwise.
• Appellate matters: Withdrawal or substitution in Court of Appeals or Supreme Court proceedings is governed by Rule 12-302 NMRA.

NM Bar Number Format: New Mexico attorneys are assigned a State Bar of New Mexico bar number (e.g., Bar No. 12345). Verify current status at: https://www.sbnm.org/Find-a-Member

Statutory Authority: NMSA 1978 § 36-2-14 provides that an attorney may be changed by the party's written consent, filed with the court. This statute provides the baseline authorization for consent-based substitution.

Judicial Districts: The 13 New Mexico Judicial Districts each have their own presiding judges and may have local rules supplementing Rule 1-089. Always check local rules for the specific district (e.g., First Judicial District — Santa Fe/Rio Arriba/Los Alamos; Second Judicial District — Bernalillo/Albuquerque; Third — Dona Ana; Eleventh — McKinley/Cibola; Thirteenth — Sandoval/Valencia/Cibola).

COURT CAPTION

STATE OF NEW MEXICO
COUNTY OF [____________________]
[____] JUDICIAL DISTRICT COURT

[________________________________],
Plaintiff / Petitioner,

vs.

[________________________________],
Defendant / Respondent.

Case No.: [____]-[____]-[____________________]-[____]

Division: [____]

Judge: [________________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY AND MOTION FOR ORDER APPROVING SUBSTITUTION

COMES NOW [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Third-Party Defendant ☐ Other: [________________]], and hereby notifies the Court and all parties of the substitution of counsel pursuant to Rule 1-089 NMRA and NMSA 1978 § 36-2-14, and respectfully requests entry of an Order approving said substitution.

The Party substitutes [________________________________], State Bar of New Mexico Bar No. [____________________], of [________________________________], as attorney of record in place of [________________________________], Bar No. [____________________], of [________________________________].

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Declaration:

I, [________________________________], Bar No. [____________________], declare and state as follows:

1. I am the attorney of record for [________________________________] in the above-captioned matter and have represented this Party since [__/__/____].

2. I seek to withdraw as attorney of record and support the substitution of [________________________________] as incoming counsel.

3. I have notified my client of this substitution and have obtained the client's written consent, which is attached hereto.

4. I have provided substituting counsel with copies of all pleadings, court orders, discovery materials, correspondence, expert disclosures, and all other materials relevant to this matter.

5. I have provided substituting counsel with a written list of all pending deadlines, hearing dates, and scheduling order obligations.

6. I have complied with Rule 16-116(D) NMRA regarding the timely delivery of all client property and files.

7. To the best of my knowledge, this substitution will not prejudice the client's interests or cause delay in the proceedings.

☐ This is a criminal matter. I have provided substituting counsel with all discovery received from the State.

☐ I assert no retaining lien on client files. All files have been transferred.

☐ I assert a retaining lien for unpaid fees of $[____________________]. See attached written notice to client.

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Substituting Attorney Declaration:

I, [________________________________], Bar No. [____________________], declare and state as follows:

1. I am an active member in good standing of the State Bar of New Mexico.

2. I accept the substitution as attorney of record for [________________________________] in this matter.

3. I have received and reviewed the case file from withdrawing counsel, including all pleadings, orders, and discovery materials.

4. I am familiar with the current procedural posture of this case and all pending deadlines.

5. I will abide by all existing scheduling orders and court orders unless and until modified by further court order.

6. I am registered or will register on the applicable Odyssey e-filing system for this judicial district and will update the service list upon filing.

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

SECTION 3: CLIENT WRITTEN CONSENT

(Required under NMSA 1978 § 36-2-14 and Rule 1-089 NMRA)

I, [________________________________], the undersigned [☐ individual client ☐ authorized representative (title: [________________]) of [________________________________]], hereby:

1. Consent to the withdrawal of [________________________________] as my attorney of record in the above-captioned matter;

2. Consent to the substitution of [________________________________], NM Bar No. [____________________], as my new attorney of record;

3. Acknowledge that I have been informed of all pending deadlines, hearing dates, and the current status of this case;

4. Acknowledge that I have received, or have been given a reasonable opportunity to receive, a complete copy of my case file from the withdrawing attorney; and

5. Authorize [________________________________] to take all actions necessary and appropriate on my behalf in this proceeding.

SECTION 4: COURT APPROVAL STATUS

☐ Court Order Requested. Pursuant to Rule 1-089 NMRA, this substitution requires court approval. A Proposed Order is attached for the Court's consideration.

☐ No Court Order Required. This matter involves a limited scope representation, and withdrawing counsel has filed a Notice of Completion of Limited Appearance pursuant to Rule 1-089(B) NMRA.

☐ Court Order Previously Entered. Order dated [__/__/____] is attached as Exhibit A.

SECTION 5: PENDING DEADLINES AND CASE STATUS

Procedural Status Flags:

☐ Trial date has been set. This substitution will not cause any delay.
☐ Trial date has NOT been set.
☐ A scheduling order is in effect (copy provided to substituting counsel).
☐ An emergency or expedited matter is pending (hearing within [____] days).
☐ A protective order, TRO, or injunction is in effect.
☐ Expert witnesses have been designated; substituting counsel has received all reports.
☐ This is a criminal matter; right to a speedy trial must be protected.
☐ No pending hearings or deadlines at this time.

SECTION 6: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

NM Bar No.: [____________________]

Date: [__/__/____]

Substituting Attorney

Signature: ________________________________

Printed Name: [________________________________]

NM Bar No.: [____________________]

Date: [__/__/____]

Client / Authorized Representative

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 7: PROPOSED ORDER APPROVING SUBSTITUTION

STATE OF NEW MEXICO
COUNTY OF [____________________]
[____] JUDICIAL DISTRICT COURT

[________________________________] vs. [________________________________]

Case No.: [____]-[____]-[____________________]-[____]

ORDER APPROVING SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court on the Notice of Substitution of Attorney and Motion for Order Approving Substitution filed by [________________________________]; the Court having reviewed the submissions of the parties and being fully advised in the premises; and good cause appearing:

IT IS HEREBY ORDERED that:

1. [________________________________], State Bar of New Mexico Bar No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned matter, effective the date of this Order;

2. [________________________________], Bar No. [____________________], is hereby permitted to withdraw as attorney of record and is relieved of further obligations in this matter, except those required by Rule 16-116 NMRA to protect the client's interests;

3. All existing scheduling orders, discovery deadlines, and hearing dates shall remain in full force and effect, and no continuances are granted by virtue of this Order; and

4. The Clerk of Court shall update the docket and case records to reflect the substitution of counsel.

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

________________________________
[________________________________], District Judge
[____] Judicial District Court, [____________________] County

SECTION 8: PRE-FILING COMPLIANCE CHECKLIST

Complete all applicable items before filing. Check ☐ when done.

Document Preparation:

☐ Client's written consent obtained and attached
☐ Withdrawing attorney's declaration completed and signed
☐ Substituting attorney's declaration completed and signed
☐ Proposed Order prepared (required in most NM district court cases)
☐ Certificate of Service prepared

File Transfer (Withdrawing Attorney):

☐ Provided client with complete copy of the case file
☐ Returned all original documents, exhibits, and property belonging to client
☐ Accounted for all IOLTA / client trust funds; disbursed as appropriate
☐ Provided substituting counsel with all pleadings, motions, and orders
☐ Provided substituting counsel with all discovery (received and produced)
☐ Provided substituting counsel with all expert reports and designations
☐ Provided substituting counsel with written deadline calendar
☐ Complied with Rule 16-116(D) NMRA in all respects

Substituting Attorney Onboarding:

☐ Confirmed active NM bar membership
☐ Reviewed complete case file
☐ Confirmed or set up Odyssey e-filing account for applicable district
☐ Updated Odyssey service list (add substituting attorney; remove withdrawing attorney)
☐ Calendared all pending deadlines

Filing Tasks:

☐ Filed via Odyssey e-filing under correct case number
☐ Selected correct document type (e.g., "Notice of Substitution of Counsel" or "Motion to Withdraw and Substitute Counsel")
☐ Uploaded all required attachments (consent, declarations, proposed order)
☐ Served all non-registered parties by U.S. mail per Rule 1-005 NMRA
☐ Retained filed-stamped copy and Odyssey confirmation for file

SECTION 9: CERTIFICATE OF SERVICE

I, [________________________________], NM Bar No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Attorney [and Proposed Order] to be served upon all counsel of record and unrepresented parties in this matter by the following method(s), consistent with Rule 1-005 NMRA:

☐ New Mexico Odyssey e-filing / electronic service (registered users)
☐ U.S. Mail, first-class postage prepaid
☐ Electronic mail (by agreement): [________________________________]
☐ Hand delivery
☐ Other: [________________________________]

Parties / Counsel Served:

________________________________
Signature

Printed Name: [________________________________]

NM Bar No.: [____________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Court Order Is the Norm in NM:
Unlike some states where client consent alone suffices, New Mexico Rule 1-089 NMRA generally requires a court order approving withdrawal or substitution in active District Court cases (except completed limited-scope representations). Always prepare and submit a Proposed Order along with the Notice of Substitution.

Judicial District Variations:
New Mexico's 13 judicial districts each may have standing orders or local rules. The Second Judicial District (Bernalillo County — Albuquerque) is the largest and has active case management with specific judge assignment policies. The First (Santa Fe) and Third (Las Cruces) are also significant. Always check the specific district's website and the assigned judge's standing orders.

Appellate Matters (Rule 12-302 NMRA):
Substitution in Court of Appeals or Supreme Court proceedings requires a separate motion and order under Rule 12-302 NMRA. The procedures differ from district court. Contact the appellate court clerk for current guidance.

Odyssey E-Filing:
New Mexico has been expanding Odyssey e-filing district by district. As of 2025-2026, most major districts (including Second Judicial District) use Odyssey. Some smaller districts may still accept paper filings or use alternative systems. Confirm the specific district's filing method at: https://www.nmcourts.gov

Client File Rights Under Rule 16-116(D) NMRA:
Upon termination of representation, the attorney must promptly surrender all papers and property to which the client is entitled. Under New Mexico ethics guidance, the client is generally entitled to the entire file, not merely documents the attorney prepared. Fee disputes do not entitle the attorney to withhold the file in a manner that prejudices the client.

NMSA 1978 § 36-2-14:
This statute expressly authorizes change of attorney by written consent filed with the court. It serves as the statutory foundation underpinning Rule 1-089's procedural framework.

State Bar of New Mexico Resources:

• State Bar of NM: https://www.sbnm.org
• NM Courts (NMRA rules): https://www.nmcourts.gov
• NM Case Lookup: https://caselookup.nmcourts.gov
• Odyssey e-filing: https://nm.tylerhost.net (varies by district)

Sources and References:

• Rule 1-089 NMRA: Available through https://www.nmcourts.gov
• Rule 16-116 NMRA: https://supremecourt.nmcourts.gov
• NMSA 1978 § 36-2-14: https://law.justia.com/codes/new-mexico/2018/chapter-36/article-2/section-36-2-14/
• State Bar of New Mexico: https://www.sbnm.org