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LR3-501. Case management. A. Intent of system. This case management system is to guide and control the progress of cases from filing of the complaint to the time of trial. Except as provided in this paragraph or the Rules of Civil Procedure for the District Courts, this rule shall apply to all civil (CV) cases filed in the Third Judicial District. The following actions are exempted from the pretrial scheduling requirements of Paragraph B of Rule 1-016 NMRA, the provisions of this rule, Rule LR3-502 NMRA and Rule LR3-503 NMRA: (1) commitment proceedings; (2) conservatorship proceedings; (3) guardianship proceedings; (4) probate proceedings; (5) domestic relations proceedings; and (6) petitions for writs. B. Order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings. Upon the filing of the initial pleading in a civil case that is subject to the provisions of this rule, the court will enter an order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings. This order will be delivered with the summons to the party filing the initial pleading and shall be served with the summons and complaint. A party other than the party filing the initial pleading who asserts a claim against another party who has not been served with a copy of this order shall serve a copy of this order on each person against whom a claim is asserted and shall file a certificate of such service. C. Requirements of scheduling reports and order requiring reports. The scheduling reports required by the order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings will provide information to allow the court to schedule trial and certain pre-trial hearings early in the case and to allow the court to allocate the necessary judicial resources to fairly and promptly resolve the dispute. To accomplish this, the order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings shall: (1) require the filing of scheduling reports by all parties sixty (60) days after the filing of the initial pleading or ten (10) days after entering of record; (2) require the parties to either: (a) stipulate to a discovery plan; or (b) timely request a hearing at which the court will formulate a discovery plan; (3) inform the parties that, in the absence of both (a) and (b) of Subparagraph (2) of this paragraph, the parties shall comply with the discovery plan set forth in the order; (4) provide limits on the power of parties to stipulate to an extension of time to file responsive pleadings; and (5) direct the parties to inform the court and the alternative dispute resolution coordinator when the case is at issue. LR3-502. Scheduling reports. A. Scheduling reports required. Within sixty (60) days after the initial pleading in a civil action is filed, parties of record shall file a scheduling report. A copy of the scheduling report shall be served on each party of record and a copy delivered to the assigned judge. (1) If all parties can agree that the matter is likely to be ready for trial within four (4) to six (6) months, they shall confer and submit LR3-Form 2.12 NMRA, "Joint Scheduling Report Stipulating to Track A". (2) If all parties cannot agree that the matter is likely to be ready for trial within four (4) to six (6) months, the parties shall confer and each party shall submit a scheduling report substantially in the form as LR3-Form 2.13 with a caption that describes the party, e.g. "Plaintiff's Scheduling Report", "Defendant's Scheduling Report". (3) If the parties agree on a track other than Track A, they may submit a joint scheduling report, substantially in the form of LR3-Form 2.13 NMRA. (4) The assigned judge will set the case on a docket and set other pretrial hearings without a hearing, based upon the information in the scheduling reports, as provided in Paragraph C of this rule. B. Cases not at issue within sixty (60) days. (1) If all parties are not of record within sixty (60) days after the filing date of the initial pleading, each party making a claim against one or more absent parties (Plaintiff for Defendants, Third-Party Plaintiffs for Third Party Defendants, etc.) shall, within five (5) business days after the 60th day, file with the court, serve parties of record and deliver a copy to the assigned judge, a written explanation substantially in the form of LR3-Form 2.14, "Delay in Putting the Case at Issue". (2) Any party who enters an appearance in the case more than sixty (60) days after the filing of the initial pleading shall file a scheduling report within ten (10) days, and deliver a copy to the assigned judge. C. Determination of trial date. The court has prepared a guideline which divides the continuum of cases from simple to complex into three "tracks". The court will use the track designation to organize its calendar. The parties should consider the following criteria when completing the scheduling reports and determining trial preparation time and days needed for trial. These criteria are guidelines only. A case need not meet every criterion to be considered as falling within a particular tract. (Note: American Bar Association guidelines state that ninety percent of cases should be concluded within one (1) year of the filing of the complaint; ninety eight percent within eighteen (18) months; and 100 percent within twenty-four (24) months). (1) Track A. Ready for trial within four (4) to six (6) months of filing of the initial pleading; no more than two (2) trial days required. Criteria: (a) Legal issues: few and clear; (b) No multiple claims or third party complaints; (c) Defendants served quickly; responsive pleadings filed promptly; (d) Required discovery limited; (e) Witnesses: five or fewer witnesses (expert witnesses are permitted when their testimony is concise and limited in time); (f) Damage claims: fixed amount, or capable of determination with limited evidence. (2) Track B. Ready for trial within six (6) to twelve (12) months of filing the initial pleading; no more than five (5) trial days required. Criteria: (a) Required discovery: not extensive. (b) Expert Witnesses: limited to three per party. (c) Damage issues: not complex. (3) Track C. Trial preparation likely to require more than twelve (12) months; trial likely to require more than five (5) days. Criteria: (a) Legal issues; numerous, complicated, novel or unique; (b) Numerous claims; (c) Numerous parties represented by different counsel; (d) Required discovery: extensive; (e) Large number of fact and expert witnesses; (f) Damage claim: complex or large number of witnesses required. D. Sanctions. If a party fails to timely comply with the provisions of this rule, the party will be subject to appropriate sanctions which may include dismissal or default. LR3-503. Scheduling order. When the assigned judge has received the required scheduling reports or so many of them as is necessary to adequately inform the judge, the judge will file and serve on each party of record a Rule 1-016 NMRA scheduling order which will set the matter on a trial docket and set other appropriate deadlines for pretrial proceedings. A party who objects to the trial docket setting or other deadlines may, within fourteen (14) days of the service of the scheduling order, file objections with a request for a scheduling conference pursuant to Rule 1-016 NMRA. Parties shall be deemed to have waived objections to the trial docket date and other dates scheduled if this request for scheduling conference is not timely delivered to the assigned judge. The scheduling order shall control the progress of the case unless modified for good cause shown on motion. LR3-Form 2.13 STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT _____________________________, Plaintiff, No. CV-___________ v. Judge: ____________ _____________________________, Defendant 1. This case should be assigned to Track _____ 2. Jurisdiction and Venue: ____ Stipulated; ____ Disputed; why: ___________________________________. 3. ______ Non jury; _____ 6 person jury; _____ 12 person jury; 4. Significant legal issues, if any: _____________ ________________________________________________________. 5. Trial witnesses presently known (defendant's, plaintiff's, etc.): __________________________________. State expert type: ___________________________________. 6. Settlement: ___ [I] [We] have sufficient information to evaluate the case. ___ [I] [We] have provided sufficient information for opposing parties to evaluate the case. ___ [I] [We] need the following information from _______________________ to evaluate the case: _____________________________________________________. ___ [I] [We] need the following discovery to obtain information sufficient to evaluate the case: _____________ __________________________. Explain why such information cannot be obtained informally without formal discovery: _______________________________________________________. ___ [I] [We] have scheduled a settlement conference on________________, 20____ with _____________________, (facilitator) or have requested the court's ADR coordinator to refer to facilitation. ___ [I] [We] request that this not be referred to facilitation because: ___________________________________. The possibility of settlement is ___ good, ___ fair, ___ poor. 7. Discovery: [I] [We] estimate it will take _____ months to complete discovery. (Attach discovery plan if stipulated, or request for setting a discovery conference if wanted). If any party requests a discovery conference, answer the following: The party submitting this scheduling report intends to do the following discovery: _______. (If this a joint scheduling report, each party shall answer this question.). [Plaintiff] [Defendant] intends to do the following discovery: __________________________________________ _____________________________________________________ 8. [I] [We] estimate that trial will take ____ court days to try. 9. Dates counsel will not be available for trial due to the following conflicting court settings (beginning with the date immediately following the time you estimate discovery will be completed): _______________________________________________. 10. Stipulations: ____________________________________. 11. Other: ____________________________________________. SUBMITTED BY: Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ I HEREBY CERTIFY that I mailed, delivered or faxed a copy to the assigned judge and each party or each party's attorney on the _____ day of ____________, 20__. ________________________________ Signature LR3-Form 2.12 STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT _____________________________, Plaintiff, No. CV-___________ v. Judge: ____________ _____________________________, Defendant
Come now all the parties to this case, (by their counsel of record) and stipulate as follows: 1. The court has subject matter and personal jurisdiction, and venue is proper. 2. This case is appropriate for assignment to Track A. 3. The parties do not intend to amend the pleadings or file dispositive motions. 4. All parties will be ready for trial by __________ (no more than six (6) months from filing of complaint). 5. Witness lists will be exchanged and filed forty-five (45) days before trial. 6. Discovery limited to interrogatories, requests for production and admission and no more than two depositions per party. 7. All parties and counsel will either a) select a facilitator by agreement of the parties or b) request the court's ADR coordinator to select a facilitator and will engage in a settlement conference within ninety (90) days from the date of the filing of the complaint. The parties may move for enlargement of time for the settlement conference for good cause shown. The parties shall share the facilitator's fee, if any, equally. 8. Exhibits: exchanged at least fifteen (15) days before the trial. This (jury ___ 6 ___ 12 nonjury ___) matter will take _____ hours to try. 9. Conflicting court hearings (or other conflicts which show good cause for not setting trial) for two (2) months following the date the matter is ready for trial: ___________________________________________ ___________________________________________. 10. Other:____________________________________________________. SUBMITTED BY: Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ I HEREBY CERTIFY that I mailed, delivered or faxed a copy to the assigned judge and each party or each party's attorney on the _____ day of ____________, 20__. ________________________________ Signature LR3-Form 2.14 STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT _____________________________, Plaintiff, No. CV-___________ v. Judge: ____________ _____________________________, Defendant COMES NOW ______________, and advises the court that the following parties against whom this party is seeking relief have not filed a responsive pleading in this case: ________________________________________________________ ________________________________________________________. The reasons are as follows: 1. Failed to serve because: ____ cannot locate, despite making the following diligent efforts: ____ have located but cannot serve for the following reasons: _______________________________________________ ____ other _____________________________ (specify problem and efforts to solve). Service will be completed by _______________ (date). 2. (Defendant, Third-party defendant, etc.) served on ___________, 20__, but no responsive pleading filed because: ___________________________________________________________. [I] [We] expect a responsive pleading to be filed by __________________________ (date). SUBMITTED BY: Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ Name of party: ________________________________ Attorney: ________________________________ Address: ________________________________ ________________________________ Telephone No. ________________________________ I HEREBY CERTIFY that I mailed, delivered or faxed a copy to the assigned judge and each party or each party's attorney on the _____ day of ____________, 20__. ________________________________ Signature
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