Rule 1-123.Mandatory disclosure in domestic relations and paternity actions; preliminary disclosure requirements
Last amended December 31, 2013 · Last verified June 26, 2026
Full Text of Rule 1-123
Rule History
[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001; as amended by Supreme Court Order No. 06-8300-020, effective December 18, 2006; as amended by Supreme Court Order No. 13-8300-047, effective for all cases filed or pending on or after December 31, 2013.]
Committee Commentary
In domestic relations actions, the parties are subject to the mandatory disclosure requirements set forth in this rule. The purpose of mandatory disclosure is to decrease acrimony and mistrust between the parties, lessen legal fees and costs, emphasize fiduciary duties, assist parties to make honest, full, and complete disclosure of the existence and value of assets, debts, and income, and encourage the parties to restructure their relationships inexpensively, efficiently, and respectfully. The parties should be mindful of these objectives in making their disclosures under these rules.
Although these disclosures are mandatory, this rule in no way limits permissible discovery pursuant to Rules 1-026 to 1-037 NMRA. The parties are free to avail themselves of all applicable discovery procedures unless the court orders otherwise.
As is typical with other discovery requests and responses, disclosures under this rule are not to be filed with the court. Rather, they are to be served upon the parties and the trial court as set forth in the rule. Certificates of service of the disclosure should be filed with the clerk pursuant to Rule 1-005 NMRA.
Plain-English Summary
This rule forces financial transparency in family cases. Parties must disclose relevant information about the characterization, value, and division of assets and liabilities, and about support. In a property case, within forty-five days after service each party serves an income-and-expense statement and community and separate property-and-liabilities schedules on the approved forms. In a support case, within forty-five days each party serves an affidavit of disclosure with tax returns, W-2s, 1099s, daycare and insurance figures, and recent wage statements.
Sworn supplemental schedules are served at least five days before trial, and in child-support cases each party completes a child-support worksheet served on the parties and the judge at least five days before trial. The State, as a party, need only produce documents it will introduce. Failure to comply can bring costs, attorney fees, or other sanctions. As the committee commentary explains, mandatory disclosure aims to reduce acrimony and cost while emphasizing the parties’ fiduciary duties, and does not limit ordinary discovery.
Frequently Asked Questions
What must be disclosed in a domestic relations case?
Financial information—an income-and-expense statement and property/liability schedules in property cases, and tax returns, W-2s, 1099s, and wage statements in support cases—generally within forty-five days after service.
Are these disclosures filed with the court?
No. Like other discovery, the disclosures are served on the parties (and the trial court as the rule directs), not filed; a certificate of service is filed with the clerk.