EZRCP · New Mexico · Part 1 - District Court Rules · Form 4-101 NMRA

Form 4-101 NMRA. — Notice of [excusal] facts requiring recusal (constitution or code of conduct).

New Mexico · Part 1 - District Court Rules

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Rule text

[For use with Magistrate Court Rule 2-106 and Metropolitan Court Rule 3-106]

STATE OF NEW MEXICO COUNTY OF __________________ __________________ COURT ________________________, Plaintiff

v. No. __________

________________________, Defendant

NOTICE OF [EXCUSAL] FACTS REQUIRING RECUSAL (CONSTITUTION OR CODE OF CONDUCT)1

The undersigned believes that the impartiality of the Honorable ________________________ may reasonably be questioned because: _______________________________________________________ (set forth specific facts which prohibit the judge from presiding. The facts must be grounds for excusal under the New Mexico Constitution or the Code of Judicial Conduct.)

The undersigned believes that participation of the above-named judge would be in violation of ________________________ the Code of Judicial Conduct.

__________________________________ Signature of party

USE NOTES

1. Each party must be served with a copy of this notice. See Rules 2-203 and 3-303 NMRA. See Civil Form 4-221 for the certificate of service and affidavit of service.

[As amended, effective May 1, 1986; November 1, 1995; May 1, 2002.]

Notes

ANNOTATIONS The 2002 amendment, effective May 1, 2002, inserted "Facts Requiring Recusal" in the form heading and added the Use Note.

The 1995 amendment, effective November 1, 1995, rewrote the form.