Appearing in Court

• If you are to appear in court, either as a defendant (person charged with an offense, ticket, etc.) or as a witness (for the prosecution or defendant), you will usually be notified my mail when and where to appear in court. However, if you have any questions regarding your court appearance, please contact the Clerk's office at 505-348-2000. If you are to appear as a witness, you should also contact the attorney requesting your appearance. If you are testifying for the Federal Government, you should contact the Marshal's office at 505-346-6400 or the U.S. Attorney's office at 505-766-3341.

Attorney Information

Practicing in Federal Court

• Attorneys must be admitted to practice in the United States District Court for the District of New Mexico, or associate with attorneys who are, when appearing in federal court. Application forms are available at the Clerk's office or by clicking here. A one time admission fee of $150.00 is required. Thereafter, an annual fee of $25.00 is due on or before January 31.

Federal Bar Association

• The Bar Association of the United States District Court for the District of New Mexico was established November 17, 1995. Its purpose is to encourage communication between members in order to identify and resolve problems causing unreasonable delays and costs for litigants; to seek equal justice for all litigants; and to engage in other activities which promote, encourage, establish and maintain timely and equal justice at the lowest practical costs in this Court. Application forms are available at the Clerk's Offices. Applicants must be admitted to practice in this Court. There is no membership fee.

Attorney Information Manual

• The Attorney Information Manual is a valuable resource and provides information on such topics as Appeals Procedures, Criminal Justice Act (CJA) Appointment of Counsel, Electronic Filing and Jury Instructions, and much more.

Administrative Orders & Local Rules

• Administrative Orders and the latest version of the Local Rules for the United States District Court for the District of New Mexico may be obtained in paper form at the Albuquerque, Las Cruces and Santa Fe Clerk's Offices OR on the court's web site.

Fees

• The Judicial Council of the United States has adopted a schedule of fees to be charged for services performed by clerks of the district courts pursuant to Title 28, U.S.C. 1914(b), 1926 and 1930. The Fee Schedule is available at the Clerk's office or by clicking here.

Transcripts of Proceedings

• To obtain a transcript of a court proceeding, arrangements should be made with the court reporter present at the hearing.
  a. Click here for a list of court reporters for the United States District Court, District of New Mexico, and the judges they represent.
  b. Click here for a copy of the Transcript Request form (with instructions) used when ordering transcripts for appeals to the Tenth Circuit.
  c. Click here for a copy of the Transcript Order form (AO-435) (with instructions) used when ordering transcripts for other purposes.
  d. Click here for Maximum Transcript Rates
  e. Click here for Maximum Transcript Rates for transcripts ordered on or before September 30, 2007

• To obtain a transcript of an audio recorded hearing, contact a certified transcriber/transcription service or court reporter and provide the following information:

  • case number

  • case caption

  • hearing judge

  • hearing date

  • type of hearing

  • courtroom

  • deadline.

 Requesters may contact any certified transcription service or court reporter for this purpose.

The Court cannot refer or recommend any specific transcription service or vendor.  For a list of certified transcribers/transcription services and court reporters, we suggest you make an appropriate online search through a common search engine.

The court reporter or transcription service you select will contact the Clerk's Office.  The Clerk's office, in turn, will make the requested hearing available to the court reporter or transcriber/transcription service.  Payment is made by the requesting party directly to the court reporter or transcriber.

    Click here for “Instructions For Transcription Vendors Doing Business with U.S. District Court, District of New Mexico”.

If you are a CJA attorney or a Federal Public Defender, complete form AO-435; a letter of justification and a CJA-24 must accompany this form. After the transcript order is approved by a judicial officer, the Clerk will forward the transcript order to the transcriber.

• To obtain a copy of a digital file for a purpose other than creation of the official transcript, contact the Clerk's Office at 505-348-2020; the cost is $26 regardless of the medium. CJA attorneys and government agencies may obtain tapes or CDs at no cost. Click here for a copy of the CD/Tape Order form (AO-436) (with instructions).

• Information regarding transcripts of hearing transcribed by a court reporter can be obtained by calling the court reporter directly, or by calling the Court Reporter Coordinator, at  505-348-2056.

• Information regarding the digital audio recorded transcripts or the court file can be obtained by calling the Clerk's Office at 505-348-2020.

Court Interpreters

• In general, court interpreters are provided by the court for defendants and defense witnesses in criminal cases, and in certain civil cases filed under 28 U.S.C. §§ 2254 and 2255 and certain provisions of the Hague Convention. If you require an interpreter for a case of this type, please contact the chambers of the judge assigned to your case. In other cases, parties must make arrangements to provide their own interpreter. If you have any questions, please contact the Albuquerque Interpreters Unit at (505) 348-2091, -2092, or -2090; or the Las Cruces Interpreters Unit at (575) 528-1420, -1432, or -1459.

Cost Bills

• After a judgment has been rendered, the prevailing party has 30 days to file a Motion to Tax Costs. Please refer to Local Rule 54 for a list of taxable costs. For general information, please contact the Cost Bills Administrator at 505-348-2064.

Criminal Justice Act (CJA)

The Criminal Justice Act of 1964 (18 U.S.C. 3006a) provides for appointment of counsel for an individual adjudged indigent:

• who is charged with a federal felony or misdemeanor (or a petty offense if he faces loss of liberty), or juvenile delinquency, or with violation of probation or parole;

• who is under arrest, and representation is required by law;

• who is in custody as a material witness, or seeking collateral relief, as provided by the Act; or

• for whom the Sixth Amendment to the Constitution requires the appointment of counsel.

CJA FORMS

• CJA Application for Membership to Panel

• CJA FORM 20 Appointment of and Authority to Pay Court Appointed Counsel

• CJA FORM 21 Authorization and Voucher for Expert and Other Services

• CJA FORM 23 Financial Affidavit

• CJA FORM 24 Authorization & Voucher for Payment of Transcript

• CJA FORM 30 Death Penalty Proceedings: Appointment of and Authority to Pay

• CJA FORM 30 Worksheet

• CJA FORM 31 Death Penalty Proceedings: Ex Parte Request for Authorization and Vouncher Expert and Other Services

• CJA - In Court Hourly Worksheet

• CJA - Out of Court Hourly Worksheet

• CJA - Other Expenses Worksheet

CJA Fees

• For CJA compensable work performed after December 8, 2004, total compensation (exclusive of allowable expenses) is limited to $7,000 for each attorney when one or more felonies is charged, to $2,000 for each attorney when only misdemeanors are charged, to $1,500 when petty offenses are charged and to $1,500 in connection with a post-trial motion after entry of judgment, in a probation or parole revocation, or for any other required representation. Payments in excess of these limitations may be made to provide fair compensation in cases involving extended or complex representation--such as death penalty cases--when so certified by a district or magistrate judge and approved by the Chief Judge of the Tenth Circuit, United States Court of Appeals.

CJA Panel

• To improve overall quality of representation for indigents in this Court, the Judges have established a Criminal Justice Act Panel Committee whose duties shall be to screen application by attorneys for appointments to a rotating panel available for appointment under the Criminal Justice Act. Such appointments would be made after the qualifications and experience of the applicants are thoroughly reviewed and evaluated by the Committee.

• Application for Membership to the Criminal Justice Act Panel may be obtained from the Clerk's Office.

CJA Vouchers

• A copy of the CJA Information Manual is available at the Clerk's office and contains instructions on submitting CJA vouchers for payment of services. If you have any questions regarding vouchers, contact the CJA Administrator at 505-348-2065.

Pro Se Litigants: Representing Yourself in Court

"Pro Se" is Latin for "for himself." "Litigant" means a party in a legal case (litigation.) "Pro Se Litigant" means you are pursuing or defending a case in court without having your own attorney.

The Court attempts to help pro se litigants with certain basic information concerning the filing and development of their cases. The Court cannot, however, give you legal advice or represent you (cannot act as your lawyer). This includes all employees of the Court. You are responsible for educating yourself in the law that applies to your case, including all applicable federal and local rules of procedure. A Pro Se Litigant's Package is available at no charge at the District Court's Clerk's office and provides instructions on how to proceed with filing a lawsuit in the federal court.

Some important legal information resources available to you include:

• PRO SE Forms:

  • Pro Se Notice

  • Pro Se Guide

  • Civil Rights Complaint Form

• Law Libraries. One of the best law libraries in the state is located at the University of New Mexico School of Law, 1117 Stanford, NE., Albuquerque, NM. It is open to the public. Resource librarians at law libraries can direct you to the books and publications you need to consult for your particular case.

• The Federal Rules of Civil Procedure. Available in a single volume (soft or hardcover), the Federal Rules of Civil Procedure are the rules governing all civil cases in courts of the United States. The rules are available at any law library.

• The Local Rules of the United States District Court, District of New Mexico. These rules are supplemental to the Federal Rules of Civil Procedure and apply only to this court. A copy is available upon request from the Clerk's office and through the court's web site. Although supplemental to the Federal Rules, the Local Rules are nonetheless very important, and you should familiarize yourself with them.

• Legal resource books. Many different legal resource books are available at law libraries or direct from publishers. In addition to law libraries, any public library should have at least some legal resource texts.

• The Internet. The Internet is a vast resource of information. The District Court's home page's Legal Links, lists a sample of legal sites that might be useful.

Records

Phone: 505-348-2020
Fax: 505-348-2028
Cost for copies: $.50 per page (extra charge for fax delivery and rush orders).
Certified Copies: $7 per certification, plus $.50 per page for copies.
Tape Duplication: $20
Microfilm/Microfiche of court record: $4
Search of Records: $20
Exemplifications: $14

To request copies of documents/pleadings from U.S. District Court files, please follow these instructions:

• Your request can be made via mail, fax, or in person to the Records Section at the U.S. District Court Clerk's Office.

• Please provide the Records section with a case number, case caption, and the number of document(s). If you do not have your case number or pleading number, please contact the docketing department for the necessary information. If placing your copy request at the Clerk's office, you may use the public computer in Records to search the court's database.

• Copy requests, in general, are completed in 1 hour. Requests can take more time if the request is for multiple documents, the case has multiple volumes, or the record has been archived.

• The Records Department will call you when your copies are ready. You will be responsible for making arrangements with the Records Department for payment and obtaining the copies.

• If you are requesting certified copies, you must follow the same instructions as listed above. Certified copy requests are processed by the Records section. In general, there is a 8 hour turnaround on these requests. The charge for certified copies is noted above. The Records department will notify you of the cost of your request. You must remit payment to the clerk's office prior to receiving your copies. Your copies can be mailed or picked up at the Clerk's office.

• Copy requests for sealed documents can only be made by counsel of record. The request must be made in person and proof of identity is required. Copies of ex parte motions or orders issued on ex parte motions when sealed, may be requested only by the party who submitted the motion. Otherwise, copies of sealed documents are provided only upon Motion and Order of the Court.