Rule 1-153.Advisement of rights

Last verified June 26, 2026

In one sentenceRule 1-153 requires the court, at the respondent’s first appearance in a kinship guardianship case, to advise the respondent of key rights and consequences.

Full Text of Rule 1-153

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At the first appearance of the respondent, the court shall inform the respondent of the following:

A. the right to have the proceedings interpreted into a language the respondent understands;

B. the parties to the case, including whether the Children, Youth and Families Department is a party;

C. allegations of the kinship guardianship petition;

D. the right to a trial on the allegations; and

E. the consequences if the allegations of the petition are found to be true, including the possibility of child support if the kinship guardianship is granted.

End

Rule History

[Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after December 31, 2022.]

Plain-English Summary

This rule ensures respondents understand the case. At the respondent’s first appearance, the court must inform the respondent of the right to have the proceedings interpreted into a language they understand, the parties to the case (including whether the Children, Youth and Families Department is a party), the allegations of the petition, the right to a trial on those allegations, and the consequences if the allegations are found true—including the possibility of child support if the kinship guardianship is granted.

Frequently Asked Questions

What must the court tell a respondent at the first kinship guardianship appearance?

The right to interpretation, the parties to the case, the petition’s allegations, the right to a trial, and the consequences if the allegations are proven—including possible child support.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-153 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: advisement of rightskinship guardianship rightsfirst appearanceright to interpreter