§ RULE 2-107. PRO SE AND ATTORNEY APPEARANCE

RULE 2-107. PRO SE AND ATTORNEY APPEARANCE

A. Pro Se Appearance by an Individual. A party to any civil action may appear, prosecute, defend and appeal any proceeding:

(1) if the party is an individual party, in person;

(2) if the property is community property, one spouse may appear for both spouses.

B. Other Authorized Appearances. A party to any civil action may appear, prosecute and defend any proceeding:

(1) on a writ of garnishment or attachment:

(a) by a general partner if the partnership is brought into the suit by a writ of garnishment or attachment;

(b) by an officer, director or general manager of a corporation or limited liability company upon the filing of a notarized certificate to so act on behalf of the corporation or limited liability company, if the corporation or limited liability company is brought into the suit by writ of garnishment or attachment;

(2) in an action brought pursuant to the provisions of the Uniform Owner-Resident Relations Act [47-8-1 NMSA 1978] or the Mobile Home Park Act [47-10-1 NMSA 1978] if the appearance is by:

(a) the “owner”, as defined in the Uniform Owner-Resident Relations Act;

(b) a “landlord”, as defined in the Mobile Home Park Act;

(d) the person authorized to manage the premises;

(3) if the party is a corporation or limited liability company, whose voting shares or memberships are held by a single shareholder or member or closely knit group of shareholders or members all of whom are natural persons active in the conduct of the business and the appearance is by an officer or general manager who has been authorized to appear on behalf of the corporation or limited liability company;

(4) if the party is a general partnership that meets all of the following qualifications:

(a) the partnership has less than ten partners, whether limited or general, except that a husband and wife are treated as one partner for this purpose;

(b) all partners, whether limited or general, are natural persons; and

(5) if the party is a governmental entity and the appearance is by an employee of the governmental entity authorized by the entity to institute or cause to be instituted an action on behalf of the governmental entity; or

(6) if the party is a wage claimant, the director of the labor and industrial division of the Labor Department, as assignee, may appear on behalf of the claimant pursuant to Sections 50-4-11 and 50-4-12 NMSA 1978.

C. Attorney Appearance. A party may appear, prosecute, defend and appeal any proceeding by an attorney. Whenever an attorney undertakes to represent a party, the attorney shall file a written entry of appearance showing the attorney's name, address and telephone number. For the purpose of this rule, the filing of any pleading or paper signed by counsel constitutes an entry of appearance. If entry of appearance is made by the filing of a pleading on behalf of a party, the attorney shall set forth on the pleading the attorney's address and telephone number. If an attorney's appearance is limited pursuant to Paragraph C of Rule 16-102 NMRA, the attorney shall:

(1) file an entry of appearance entitled “Limited Entry of Appearance” that identifies the nature of the limitation;

(2) note the limitation in the signature block of any paper the attorney files; and

(3) include in the signature block of any paper the attorney files an address at which service may be made on the client.

D. Collection Agencies. Collection agencies may take assignments of claims in their own names as real parties in interest for the purpose of billing and collection and bringing suit in their own names; provided that no suit authorized by this section may be instituted on behalf of a collection agency in any court unless the collection agency appears by a licensed attorney-at-law.