When must a New Mexico civil party file a peremptory judge excusal?

Rule 1-088.1(C)(1) gives a plaintiff ten days after service of the first judge’s assignment notice, but gives a defendant ten days after filing the first pleading or Rule 1-012 motion. Reassignment and reopened-case branches use different events. The right remains subject to the prior-participation limit, grouped-party entitlement and the 120-day outer limit for the judge sought to be excused.

Responsible actor. The civil party seeking a peremptory excusal of the assigned district judge.

Preserve evidence establishing the actor-specific event under rule 1-088.1(c), after excusal entitlement is established.

Identify the responsible actor, required document, legally sufficient recipients and any different statutory or court-ordered branch.

Read the specific service-completion and counting conditions before selecting the period.

This New Mexico guide preserves a fixed ordinary 10-day branch. It publishes no automatic date or paid calculation. Establish the actor-specific operative event, entitlement, applicable edition, service route, actual state and court calendar, and controlling order. Existing verification boundaries remain in force.

1. Preserve evidence establishing the actor-specific event under rule 1-088.1(c), after excusal entitlement is established.
2. Identify the responsible actor, required document, legally sufficient recipients and any different statutory or court-ordered branch.
3. Read the specific service-completion and counting conditions before selecting the period.
4. Exclude the established event day and enumerate the actual applicable counting category.
5. Apply any qualifying service addition in the proper sequence and verify the actual final-day calendar.
6. Complete the specified filing and separate service acts, then retain their confirmations.

Rule 1-006(A)(2) excludes the event day and intermediate Saturdays, Sundays and judiciary-observed legal holidays when the period is ten days or less. A separate statutory notice required before filing an action is excepted. Paragraph C adds three days only for qualifying mail, fax or deposit at an attorney’s designated court location, after the Paragraph A period would otherwise expire. Count every day of that addition, then carry a third closed day. The November 1, 2024 amendment deleted electronic transmission from Paragraph C, effective December 31, 2024. Do not follow the older Rule 1-088.1 commentary’s electronic-service addition.

Rule 1-006(A)(2) carries the last Saturday, Sunday or judiciary-observed legal holiday. Paragraph (A)(4) separately addresses a court closed or unavailable for filing during regularly open time on the final day. The first available court day must also be outside weekends and legal holidays. Paragraph (A)(7) uses holidays actually observed by the judiciary, including its traditionally day-after-Thanksgiving Presidents’ Day and other judiciary holidays. Establish that calendar rather than using federal holiday dates.

This New Mexico guide preserves a fixed ordinary 10-day branch. It publishes no automatic date or paid calculation. Establish the actor-specific operative event, entitlement, applicable edition, service route, actual state and court calendar, and controlling order. Existing verification boundaries remain in force.

Hypothetical established New Mexico ordinary facts use January 5, 2026 as the event day, without an addition or different order. Independent enumeration excludes intermediate weekends and assumes January 19 is a judiciary-observed holiday. These hypothetical assumptions do not establish an actual calendar. Verify entitlement, actual calendar, effective service and controlling directions before identifying a final deadline. No automatic date is supplied.

The final court filing day is affected by a documented partial-day court closure or filing unavailability. Rule 1-006(A)(2) carries the last Saturday, Sunday or judiciary-observed legal holiday. Paragraph (A)(4) separately addresses a court closed or unavailable for filing during regularly open time on the final day. The first available court day must also be outside weekends and legal holidays. Paragraph (A)(7) uses holidays actually observed by the judiciary, including its traditionally day-after-Thanksgiving Presidents’ Day and other judiciary holidays. Establish that calendar rather than using federal holiday dates. Identify the actual governing closure rule and next legally available completion boundary. Do not presume Monday or midnight.

The defendant receives the judge-assignment notice January 5 and files its first pleading January 8. Rule 1-088.1(C)(1) uses January 8 first-pleading filing for that defendant, not the plaintiff’s assignment-notice event. The separate 120-day limit, prior participation and prior use still require verification. Establish the actual procedural branch and its event. The ordinary event cannot resolve these changed facts.

The record contains electronically served notice and a request for more time. Rule 1-006(A)(2) excludes the event day and intermediate Saturdays, Sundays and judiciary-observed legal holidays when the period is ten days or less. A separate statutory notice required before filing an action is excepted. Paragraph C adds three days only for qualifying mail, fax or deposit at an attorney’s designated court location, after the Paragraph A period would otherwise expire. Count every day of that addition, then carry a third closed day. The November 1, 2024 amendment deleted electronic transmission from Paragraph C, effective December 31, 2024. Do not follow the older Rule 1-088.1 commentary’s electronic-service addition. Rule 1-006(B)(1) permits court enlargement for cause on a qualifying request before expiry, or an excusable-neglect motion after expiry, subject to its limits. Rule 1-088.1 commentary specifically identifies late-excusal relief where publication fails to provide actual notice. Neither that commentary nor a request automatically grants relief from the applicable limits. Establish whether a service addition actually applies and whether relief was granted. An electronic timestamp or request alone does not settle the deadline.

Actual actor and operative event

The defendant receives the judge-assignment notice January 5 and files its first pleading January 8. Rule 1-088.1(C)(1) uses January 8 first-pleading filing for that defendant, not the plaintiff’s assignment-notice event. The separate 120-day limit, prior participation and prior use still require verification.

Counting and service sequence

Rule 1-006(A)(2) excludes the event day and intermediate Saturdays, Sundays and judiciary-observed legal holidays when the period is ten days or less. A separate statutory notice required before filing an action is excepted. Paragraph C adds three days only for qualifying mail, fax or deposit at an attorney’s designated court location, after the Paragraph A period would otherwise expire. Count every day of that addition, then carry a third closed day. The November 1, 2024 amendment deleted electronic transmission from Paragraph C, effective December 31, 2024. Do not follow the older Rule 1-088.1 commentary’s electronic-service addition.

Final-day calendar and court access

Rule 1-006(A)(2) carries the last Saturday, Sunday or judiciary-observed legal holiday. Paragraph (A)(4) separately addresses a court closed or unavailable for filing during regularly open time on the final day. The first available court day must also be outside weekends and legal holidays. Paragraph (A)(7) uses holidays actually observed by the judiciary, including its traditionally day-after-Thanksgiving Presidents’ Day and other judiciary holidays. Establish that calendar rather than using federal holiday dates.

Actual court direction or granted relief

Rule 1-006(B)(1) permits court enlargement for cause on a qualifying request before expiry, or an excusable-neglect motion after expiry, subject to its limits. Rule 1-088.1 commentary specifically identifies late-excusal relief where publication fails to provide actual notice. Neither that commentary nor a request automatically grants relief from the applicable limits.

• This New Mexico guide preserves a fixed ordinary 10-day branch. It publishes no automatic date or paid calculation. Establish the actor-specific operative event, entitlement, applicable edition, service route, actual state and court calendar, and controlling order. Existing verification boundaries remain in force.
• This question concerns the actor-specific peremptory excusal filing under Rule 1-088.1(C), not a recusal-for-cause motion under Paragraph G. The later Rule 1-006 amendment controls the identified electronic-service addition. Federal motion examples cannot establish New Mexico grouped entitlement, the 120-day limit or judiciary-observed holidays.

• Preserve evidence establishing the actor-specific event under rule 1-088.1(c), after excusal entitlement is established.
• Identify the responsible actor, required document, legally sufficient recipients and any different statutory or court-ordered branch.
• Read the specific service-completion and counting conditions before selecting the period.
• Verify actual holidays, closures, court hours and filing acceptance.
• Preserve the effective order, required signature and entitlement evidence.
• Keep the completed document and separate filing and service confirmations.
• Rule 1-088.1(C) requires filing the peremptory excusal in the pending district-court case. Paragraph E separately requires service of notice on all parties. Under Rule 1-006(A)(5), absent a different court-ordered time, the last filing day ends at midnight for electronic filing and at scheduled court closing for other means. Preserve accepted filing, signature, required service and the evidence establishing entitlement.