FAQ: Family Court Ground Rules - Text 
Back.
Notice:
This presentation is intended for basic informational purposes only
and does NOT contain a complete explanation of family law. We highly
recommend that you obtain
a lawyer to help you understand your situation, and to interpret
the laws and guidelines that apply to your case.
1.0 The Courts
Family Court Ground Rules wil give you basic background information
on the family court system and the issues involved with representing
yourself.
The legal system handles an incredible number of cases every year
and is under an enormous amount of pressure to address all of the
cases that are filed. Most of the work of the court is done in writing.
Sometimes the court will hold hearings to listen to the parties
in the case in person.
Courts are particularly busy on cases that involve family conflicts.
In New Mexico, these cases are decided by a judge, not a jury. These
judges and the people who assist them, including child support hearing
officers and domestic violence hearing officers, try hard to fairly
and quickly process as many cases as possible. Unfortunately, because
of the large number of family law cases, participants in the process
sometimes must wait many months for their cases to be heard.
In order to help the legal system function more efficiently, so
that your case can be heard in a timely fashion, it’s very
important that all people who participate in the legal system, including
lawyers and parties in the case, behave themselves properly.
This means that you must be courteous and respectful to all other
participants, including all other parties to your case, the clerk
of the court, all lawyers, and the judge. Any papers that you file
must be complete, easy to read and clearly describe what you want
the court to do. When you go to court for a hearing, you must also
dress appropriately, appear in court on time, and be well prepared
to present your case.
2.0 Representing yourself
If you have a family issue that needs resolution, you can either
seek legal assistance or represent yourself. You can choose to go
to court, or you can try to settle your dispute.
You may choose to have a lawyer
assist you. Your lawyer can inform you of your rights and obligations,
file documents on your behalf and help you reach a settlement agreement
or represent you through the trial process.
For information on low-cost and free legal help, see the New Mexico
State Bar Association website at www.nmbar.org.
You may also choose to represent yourself without the assistance
of a lawyer. If you choose to represent yourself, you are called
a “pro se” or “self-represented” litigant
and are entitled to the same rights and respect as someone who has
a lawyer. However, if you choose to represent yourself, there are
responsibilities, as well, that come with this choice. For example,
you must file all of the papers needed in your case. It is your
responsibility to make sure they are filled out properly.
Also, you are bound by the same rules as someone who has a lawyer.
This means that you must become familiar with and follow certain
well-established procedures when you file a case and appear in court,
and you must follow certain rules of evidence when you present your
case.
If you do choose to represent yourself, please keep in mind that
the judge’s job is only to decide the issues in your case.
The judge will not help you present your case.
A judge has a neutral role. This usually means that the judge will
NOT meet with only one of the parties in a case to talk about the
case. To meet with the judge, you usually must ask in writing for
a hearing and the all parties will be told when the hearing will
be held. The staff of the court also has a neutral role. The staff
can provide you with general information about court rules, procedures
and practices. What you do with that information is your responsibility.
The staff cannot give you advice about what you should do in your
case. This means that the staff CANNOT tell you what to put into
your forms, or advise you about what to say in court. Finally, the
staff CANNOT guess about what decision the judge might make.
3.0 Legal help
Certain types of cases are particularly complex and may be difficult
to understand. Therefore, we strongly recommend that you obtain
legal assistance for them. Legal help is usually required in a divorce
when the parties: own land or a house together; have questions about
pension funds or retirements accounts, such as a 401k, or an IRA;
are in the military and seek to divide military benefits; own a
business and must determine what the business is worth; seek spousal
support which is sometimes called “alimony”; cannot
determine which property owned by the parties is community property
or separate property; or have a child with special needs or there
are complicated issues involving children.
4.0 Conclusion
When you file court papers or appear in court as a self-represented
litigant, you are your own lawyer. Get the help you need before
you file papers with the court or appear in court in your case.
If you follow these suggestions, the court can more quickly and
efficiently resolve the issue that brought you to court.
New Mexico Administrative Office of the Courts.
(Approved video script ver .09 5/23/02)
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