Rule text
Any written statement in a pleading, paper, or other document that is not notarized shall have the same effect in a probate court proceeding as a notarized written statement, provided that the statement includes the following:
(1) the date that the statement was given;
(2) the signature of the person who gave the statement; and
(3) a written affirmation under penalty of perjury under the laws of the State of New Mexico that the statement is true and correct.
[Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018.]
Notes
Committee commentary. -- This rule is consistent with the 2014 amendments to Rule 1-011 NMRA of the Rules of Civil Procedure for the District Courts and Rule 23-115 NMRA of the Supreme Court General Rules, which both provide that an unsworn, written affirmation has the same effect in a court proceeding as a notarized written statement as long as the affirmation satisfies the enumerated requirements.
[Adopted by Supreme Court Order No. 18-8300-014, effective for all cases pending or filed on or after December 31, 2018.]
ARTICLE 3 Rules Governing Probate Court Forms