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Filing Pseudonymously: New Mexico

Contents

  1. New Mexico

  1. New Mexico

    1. Caselaw

      Cases from New Mexico courts do not discuss why certain plaintiffs are allowed to proceed pseudonymously. Examples of cases where plaintiffs sue as Doe include:

      • Protection and Advocacy System v. City of Albuquerque, 195 P.3d 1 (N.M. Ct. App. 2008) – Does are diagnosed with mental illnesses and challenge an ordinance relating to “outpatient” treatment.

      • Does I through III v. Roman Catholic Church of Archdiocese of Santa Fe, Inc., 924 P.2d 273 (N.M. Ct. App. 1996) – Does sue for sexual abuse.

    2. Filing Requirements & Availability of Court Records

      N.M. DIST. CT. R. CIV. PRO. 1-008.1 (2010): Pleadings and papers; captions

      Pleadings and papers filed in the district courts shall have a caption or heading which shall briefly include: . . .

      B. the names of the parties; and

      C. a title which describes the cause of action or relief requested. The title of a pleading or paper shall have no legal effect in the action.

      Opinions are available at http://www.nmcompcomm.us/nmcases/NMCases.aspx (last visited Apr. 20, 2010).

    3. Relevant Statutes

      • N.M. STAT. ANN. § 14-2-1 (2009) states a general right of the public to inspect records, with exceptions covering PII.

      • N.M. DIST. CT. R. CIV. PRO. § 1-079 (2010) states a presumption of access to court records, but also provides exceptions under other acts, such as those for adult protective services, the mental health code, and to protection PII. It also provides for the procedure for sealing and unsealing court records.

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