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Free Process Application - New Mexico

Free Process Application Form. This is a New Mexico form and can be used in Family Law 3rd Judicial District Local District Court .
 Fillable pdf Last Modified 12/18/2013
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Third Judicial District Court 201 W. Picacho Las Cruces, NM 88005. A P P L I C AT I O N F O R FREE PROCESS Are you asking the court to waive the filing fee? This packet has the paperwork you need. Instructions - this page Statute text - 1 page Application for Free Process and Affidavit of Indigency - 5 pages Order on Application for Free Process - 2 pages RE AD and FOLLOW these inst ructio ns FILL OUT ALL THE FORMS IN THIS PACKET Application - Fill out the application and affidavit completely. Order - Only fill out the top part of the order - where you put your name and case number. DO NOT check any of the boxes on the order, that is for the judge to do. Type or print in black ink. If there is not enough room on the form, write your information on a separate piece of paper and staple the page to the form. DO NOT write on the back of any page. STEP 1 MAKE COPIES OF YOUR PAPERWORK Application - Make 2 copies. Order - Make 2 copies. You can make copies anywhere. Most courts do not have copy machines for the public and not all court clerks can make copies for you. You may need to leave the courthouse, make your copies, and come back to file your paperwork. DO NOT copy this instruction sheet. STEP 2 WHAT TO BRING TO THE DISTRICT CLERK'S OFFICE Application - Bring the original and the 2 copies. Order - Bring the original and the 2 copies. The original and copies of ALL OTHER PAPERWORK YOU WANT TO FILE. Envelope - one BIG envelope addressed to you with $3.00 postage for first-class mail. Your envelope must be big enough to hold ALL your paperwork (at least 9x12). STEP 3 WAIT The court clerk submits your application to the Judge. If your application is: STEP 4 APPROVED - the court clerk file stamps your paperwork and mails your copies to you in the big envelope. DENIED - the court clerk does not file-stamp your paperwork and mails everything back to you in the big envelope. American LegalNet, Inc. 23-114. Free process in civil cases. A. Statute text Eligibility. In any civil m atter, if the court finds that a party is indigent or otherwise unable to pay a fee or fees payable to the court or the cost of service of process, the court m ay waive such fee or fees and the cost of service of process shall be paid by the state. (1) An applicant is presum ed indigent if the applicant is the current recipient of aid from a state or federally adm inistered public assistance program such as Tem porary Assistance for Needy Fam ilies (TANF), General Assistance (GA), Supplem ental Security Incom e (SSI), Disability Security Incom e (DSI), Departm ent of Health, Case Managem ent Service (DHMS), Food Stam ps, Medicaid, or public assisted housing. (2) An applicant who is not presum ptively indigent can nevertheless establish indigency by showing in the application that the applicant's annual gross incom e does not exceed one hundred eighty-five percent (185%) of the current federal poverty guidelines established by the United States Departm ent of Labor. (3) A presum ption of indigency under this rule does not require the court to grant free process if it appears from the application that the applicant is otherwise able to pay. (4) Even if an applicant cannot establish indigency, the court m ay still grant full or partial free process if, in the court's discretion, the court finds that the applicant is not reasonably able to pay fees or costs. Procedure. (1) A party seeking free process shall file with the court clerk an application for free process with an attached affidavit of indigency and a proposed order for free process. The application, affidavit and proposed order shall be in the form set forth in Form s 4-222 and 4-223 NMRA. The court m ay decide an application for free process ex parte and without hearing. If an application for free process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application. (2) Upon the filing of an attorney certificate in the form set forth in Form 4-224 NMRA, certifying that a party (a) is represented by (i) an attorney pursuant to a referral from a local pro bono com m ittee for a judicial district created pursuant to Suprem e Court order, (ii) a legal services organization, (iii) a nonprofit organization, a departm ent of which has as its prim ary purpose the furnishing of legal services to indigent persons, (iv) private counsel working on behalf of or under the auspices of such organization, or (b) has m et the incom e qualifications of a legal services organization and attended a training program designed and presented by the legal services organization to assist self-represented litigants in filing their own action in court, the court shall enter an order providing that all fees and costs relating to filing the action and service of process shall be waived without the necessity of an application for free process or affidavit of indigency from the party. In the court's discretion, the order m ay provide that any applicable alternative dispute resolution fee is not waived. (3) Upon the award of any judgm ent to a party allowed free process, the court m ay order the party to pay court fees and costs. If a pro se party becom es represented subsequent to being allowed free process, the party shall subm it another application for free process along with an affidavit and proposed order. If a case is closed and reinstatem ent or reopening sought, the party shall subm it another application, affidavit and proposed order. (4) An attorney representing a party allowed free process m ust also file a certificate stating that no fee has been received, and prom ising that in case any fee is paid for legal services, the attorney shall first deduct court fees and service of process costs and pay them to the court adm inistrator. (5) If at any tim e the court discovers that inform ation in an application for free process was false, m isleading, inaccurate, or incom plete at the tim e the application was subm itted, and that an order of free process was im providently granted, the court m ay require the applicant or other appropriate party to pay for any costs or fees that were waived. The court m ay exercise its discretion to im pose sanctions for failure to com ply with an order of the court issued pursuant to this subparagraph, up to and including dism issal. B. [Approved by Supreme Court Order 07-8300-44, effective February 25, 2008; as amended by Supreme Court Order 08-8300-30, effective November 17, 2008
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