Rule 1-011.Signing of pleadings, motions, and other papers; sanctions; unsworn affirmations under penalty of perjury

New Mexico has enacted an Electronic Authentication Documentation Act which provides for the Secretary of State to register electronic signatures using the public key technology. See Section 14-15-4 NMSA 1978.

Committee commentary for 2008 and 2014 amendments. — Rule 1-011 NMRA was amended in 2008 to permit self-affirmation in lieu of notarization of any written sworn statement required or permitted under the Rules of Civil Procedure for the District Courts. The 2008 amendment, however, did not permit self-affirmation of a statement that must be sworn under statute. See, e.g., NMSA 1978, § 40-4-6 (providing that a petition for dissolution of marriage “must be verified by the affidavit of the petitioner”). The 2014 amendment removed that limitation. See Miller & Assocs., Inc. v. Rainwater, 1985-NMSC-001, ¶¶ 6-8, 102 N.M. 170, 692 P.2d 1390 (holding that NMSA 1978, Section 38-7-1, which requires the denial of an account to be “under oath, in writing, and filed as a part of the pleadings before trial,” is “merely a rule of procedure” and therefore is unconstitutional under Ammerman v. Hubbard Broadcasting, Inc., 1976-NMSC-031, 89 N.M. 307, 551 P.2d 1354). Thus, notarization is no longer required for any written statement in a court proceeding, including a declaration, verification, certificate, oath, affirmation, acknowledgment, or affidavit, as long as the statement is affirmed under penalty of perjury in accordance with Paragraph B of this rule. Accord NMSA 1978, § 30-25-1(A) (2009) (“Perjury consists of making a false statement under oath, affirmation or penalty of perjury, material to the issue or matter involved in the course of any judicial, administrative, legislative or other official proceeding or matter, knowing such statement to be untrue.” (emphasis added)).