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Name Change Packet - New Mexico

Name Change Packet Form. This is a New Mexico form and can be used in McKinley County 11th Judicial District Local District Court .
 Fillable pdf Last Modified 12/20/2013
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CHANGE OF NAME: GENERAL INSTRUCTIONS NOTE: Under special circumstances if you show the Court that publication of your name change will jeopardize your personal safety, the court shall not require publication and the court shall order all records regarding the application to be sealed. The records shall only be opened by the court order based upon a showing of good cause or at your request. NMSA 1978, §40-8-2(B) (2001). This packet does not contain forms for that situation. I. BACKGROUND AND GENERAL INFORMATION A. If at all possible, you should have an attorney for your case. The legal system is quite complicated, and if you are proceeding pro se (acting as your own lawyer), you must do everything just as a lawyer would. This packet gives basic information and instructions on preparing and filing a PETITION and the other documents needed to complete the change of name process. B. We provide sample forms for you to use in preparing your own documents. They include the following forms: PETITION TO CHANGE NAME NOTICE OF PETITION TO CHANGE NAME FINAL ORDER CHANGING NAME LETTER TO VITAL STATISTICS You will have to read every word carefully and must change the forms which are provided to fit your own situation. C. The packets contain the basic forms that are needed to process the case. Sometimes other documents are needed to meet special circumstances. We cannot anticipate such needs and do not include any but the basic forms. D. Our forms have blanks, but if you are re-typing do not show the blanks. Bracketed words appear right before each blank to show you what kind of information goes in that blank. If you are retyping, do not show the bracketed words. There are some places where there is a choice (for example "his/her") shown on the forms. The instructions for the forms usually say to "circle the appropriate word." If you are re-typing the forms (which is the best way to do your papers) just select the correct choice for yourself and type in the right word in that place. E. You must anticipate the following costs: Court Costs Filing Fee ($117.00) Certified Copies ($ 1.50 each) Publication Expense Filing Fee with County Clerk Filing Fee for Change of Birth Certificate Fee for Obtaining New Birth Certificate March 2010 revision 1 American LegalNet, Inc. www.FormsWorkFlow.com II. JURISDICTION The statutes that give the court jurisdiction (authority to do something) in Change of Name procedures are Sections 40-8-1 through 40-8-3 NMSA 1978. (A copy of the statutes is included with these materials.) The District Court of New Mexico has jurisdiction to order a name change for you if you are resident of this state. The PETITION must be filed in the county in which you reside. There are special requirements if the name change is for someone under fourteen years of age, and this packet does not contain forms for that situation. III. INFORMATION ABOUT PREPARING COURT DOCUMENTS A. GENERAL INFORMATION FOR ALL COURT DOCUMENTS Certain information (the heading and the signature block) are used on every document. The instructions are very detailed. To complete the remaining documents, you will use the same heading and signature as the PETITION. The forms in this packet are formatted correctly, and if you need other documents for your particular situation, use the same format as these documents. For example, the special requirements for court documents in McKinley County are the following: 1. Use good quality white paper that is 8 ½" x 11". 2. Leave top and left margins of at least 1 ½". Leave a bottom margin of 1" and right margin of at least ½". 3. Type or print only. Typewritten text must be 10 or 12 pitch and letter quality. 4. Double space the main body. Single space headings and the case name. 5. Follow the signatures by your typed or printed name; capacity (like "Petitioner pro se"); address; and telephone number. 6. You must include your court district and county in the heading; for example, if you live in McKinley : Eleventh Judicial District Court County of McKinley State of New Mexico B. FILLING OUT EACH DOCUMENT 1. The PETITION TO CHANGE NAME. The PETITION To Change Name is the first document filed in a case. It is the document which tells the Judge what you are asking the Court to do for you. Before the Court can act on your request, you must give certain facts so that the Judge can determine that what you are asking is something this March 2010 revision 2 American LegalNet, Inc. www.FormsWorkFlow.com Court has the power to do and that it is legal for the Judge to do it. The PETITION must be signed by the petitioner. In addition to your signature, the court must have on file your address and phone number. This information is provided in the area following your signature. Now that you have prepared the PETITION, the hardest part has been done. Other documents needed will be done in the same way as you did the PETITION. 2. The NOTICE OF PETITION TO CHANGE NAME The next document that has to be done to process the PETITION to Change Name is the NOTICE of Petition to Change Name. The NOTICE should be prepared and taken with you at the same time you take the PETITION to Change Name to the Court Clerk's office for filing. Do not fill in the blanks assigning a Judge and court date because the Court Clerk will fill in those sections. 3. The FINAL ORDER CHANGING NAME Fill in this document, but leave the blank for the Judge's signature empty. IV. FILING THE PETITION A. GETTING COPIES MADE You will need two copies of all documents in addition to the original. The Court Clerk's office can make copies for you (for 35 cents per page), but it may be less expensive to have the copies made before you come to the Courthouse. If you bring your own copies, the Court Clerk will stamp (endorse) the copies with the court stamps to show that the original has been filed in the Court file. There is no extra charge for stamping the copies if you get them stamped when the original is filed and ask for "endorsed" copies. One of the copies is for your file. B. PAYING THE FILING FEE AND FILING THE PETITION Take the original PETITION and NOTICE and COPIES to the District Court Clerk's office, 207 West Hill Ave., Rm 200, Gallup, NM. The Court Clerk's office is open from 8 to 12 and 1 to 5 weekdays. You will be required to pay the $117.00 (cash or money order only; no personal checks will be accepted) filing fee at this time. The Clerk will file the original PETITION and stamp and return the COPIES of the PETITION to
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