The irrevocable letter of credit, Form 9-311, is a New Mexico Judicial Branch form in which a financial institution opens a credit in favor of a court, at the order of a bondsman. It is approved for use with District Court Rule 5-401B, Magistrate Court Rule 6-401B, Metropolitan Court Rule 7-401B and Municipal Court Rule 8-401B. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form is published by the New Mexico courts at nmcourts.gov.
Last updated
What is 9-311?
Form 9-311, Irrevocable Letter of Credit, is the New Mexico Supreme Court approved form with which a financial institution opens an irrevocable credit in favor of a judge, clerk or court administrator, by order of a bondsman, for the account of a named court.
The text of the form sets out the whole undertaking. The financial institution states that it opens the letter of credit in favor of the addressee by order of the bondsman. It identifies the court for whose account the credit is held: a District, Magistrate, Metropolitan or Municipal Court, with the State, County or City filled in as applicable. It states the total amount of credit, the address at which drafts will be honored, payable on sight, and the date on which the letter expires.
The form also leaves room for any specifications the financial institution has about the description of the draft the court must present. The institution then agrees with the drawers, endorsers and bonafide holders of drafts drawn in compliance with the letter that it will be duly honored when the drawee receives presentation and delivery of all documents as specified.
The form is marked for use with District Court Rule 5-401B, Magistrate Court Rule 6-401B, Metropolitan Court Rule 7-401B and Municipal Court Rule 8-401B. It prints the notation "Approved, effective September 1, 1990."
Who needs to file 9-311?
The financial institution that is issuing the letter of credit completes and signs Form 9-311, through a signer who gives a title. The form is opened by order of a bondsman, so the bondsman is the party who asks the institution to issue it.
The form is addressed to a judge, clerk or court administrator, whose name and address are entered at the top, and it is held for the account of the District, Magistrate, Metropolitan or Municipal Court named on it. It is approved for use with District Court Rule 5-401B, Magistrate Court Rule 6-401B, Metropolitan Court Rule 7-401B and Municipal Court Rule 8-401B; the form itself does not say which person or case must use it beyond that reference, so check the applicable rule or ask the court clerk.
The signature block belongs to the financial institution: the institution's name, a signature on the "By" line and the signer's title on the "Its" line.
When to file 9-311
Form 9-311 has no filing deadline printed on it. It is prepared when a financial institution opens a letter of credit in favor of a court by order of a bondsman, in connection with the court rules listed on the form (5-401B, 6-401B, 7-401B and 8-401B).
The one date the form does contain is the expiration date. The letter of credit states that it will expire on the date the institution enters, so choose that date when completing it. For any timing requirement that comes from the court rules themselves, check the rule or ask the clerk of the court concerned.
How to fill out 9-311
Enter the addressee
On the "To" line, write the name of the judge, clerk or court administrator, and on the line below enter that person's address.
Name the financial institution
On the next line enter the name of the financial institution that opens the irrevocable letter of credit in favor of the addressee.
Identify the bondsman
Enter the name of the bondsman by whose order the letter of credit is opened.
Identify the court account
Fill in the court (District, Magistrate, Metropolitan or Municipal) for whose account the letter is issued, and the State, County or City that applies.
Enter the total amount of credit
On the line beginning "The total amount of credit is $", write the amount of credit the letter provides.
Give the address for drafts
Enter the address at which drafts will be honored, payable on sight.
Enter the expiration date
On the line "This irrevocable letter of credit will expire on", write the date the letter expires.
Add draft specifications if any
In the parenthetical space, add any specifications the financial institution has about the description of the draft the court must present against the letter.
Complete the second institution line
Enter the financial institution's name again in the paragraph where it agrees with drawers, endorsers and bonafide holders of drafts.
Sign and give the title
Under the financial institution's name, the authorized signer signs on the "By" line and enters a title on the "Its" line.
Review and download the PDF
Check every entry against the institution's records, then download or print the completed PDF from FillingPDF and deliver it as described under How to submit.
How to submit 9-311
The form names no filing channel of its own: it is addressed "To" a judge, clerk or court administrator, at the address entered in the second line of the form. Deliver the signed letter of credit to that court official at that address.
- Addressee: the judge, clerk or court administrator named at the top of the form, at the address written under the name.
- Place for drafts: the form separately gives the address at which drafts will be honored, payable on sight. That is where the court presents drafts, not necessarily where the letter is delivered.
- Questions on handling: the form does not give a phone number, portal or appointment rule, so contact the clerk of the court concerned about how the court accepts it.
The New Mexico courts publish forms at https://nmcourts.gov/forms-library/. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the addressee blank: the form is addressed to a judge, clerk or court administrator, with an address.
- Naming the wrong court: the letter is for the account of a District, Magistrate, Metropolitan or Municipal Court, with the State, County or City filled in as applicable.
- Leaving out the expiration date, which the letter must state.
- Entering the total amount of credit inconsistently with the financial institution's own records; the amount is a printed term of the letter.
- Omitting the address where drafts will be honored, payable on sight.
- Naming no bondsman, although the letter is opened by order of the bondsman.
- Submitting the letter without a signature on the "By" line or without the signer's title on the "Its" line.
- Writing a different court rule in mind: the form is for use with Rules 5-401B, 6-401B, 7-401B and 8-401B.
Frequently asked questions
What is Form 9-311, the irrevocable letter of credit?
It is a New Mexico Supreme Court approved form in which a financial institution opens an irrevocable letter of credit in favor of a judge, clerk or court administrator, by order of a bondsman, for the account of a named court. It states the amount, the place drafts are honored and the expiration date.
Which court rules is the irrevocable letter of credit used with?
The form is marked for use with District Court Rule 5-401B, Magistrate Court Rule 6-401B, Metropolitan Court Rule 7-401B and Municipal Court Rule 8-401B. The form itself gives no more detail, so check the applicable rule for when it is required.
Who signs the irrevocable letter of credit?
The financial institution signs. The signer signs on the "By" line under the institution's name and gives a title on the "Its" line. The form has no signature line for the bondsman or the court.
Can I fill out the irrevocable letter of credit online?
Yes. You can fill out the irrevocable letter of credit online on FillingPDF and download or print the PDF. FillingPDF is an independent service and does not file the form; you deliver it to the court official named at the top.
Where do I send Form 9-311?
The form is addressed to a judge, clerk or court administrator, at the address you write on it, so deliver the signed letter there. The form prints no other channel, phone number or portal, so ask the court clerk if you need more detail.
How long is an irrevocable letter of credit valid?
For as long as the date written on the form allows. The letter states that it will expire on the date the financial institution enters, and the form sets no standard period of its own.
What does payable on sight mean on this form?
The form says drafts will be honored at a stated address, payable on sight. That means the financial institution honors a draft when it is presented, once all documents specified in the letter are delivered to the drawee.
When was Form 9-311 approved?
The form prints the notation "Approved, effective September 1, 1990." That is the only revision information printed on it.
Ready to fill out 9-311?
Fill out 9-311 now