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Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,506 documents
Decision Content
4-507. Scheduling order.
[For use with District Court Civil Rule 1-016 NMRA]
STATE OF NEW MEXICO
COUNTY OF __________________
__________________ JUDICIAL DISTRICT
________________________________________, Plaintiff
v. No. ____________
________________________________________, Defendant
SCHEDULING ORDER1
Pursuant to Rule 1-016 NMRA, the court enters the following scheduling order:
1. Motions to amend the pleadings or to join parties shall be filed by __________________ (date).
2. Motions addressed to the pleadings shall be filed by __________________ (date).
*3. Plaintiffs shall file with the court a list of all lay witnesses who may be called to testify at trial by __________________ (date).
*4. Defendants shall file with the court a list of all lay witnesses who may be called to testify at trial by __________________ (date).
*5. Plaintiffs shall file with the court a list of all expert witnesses who may be called to testify at trial by __________________ (date).
*6. Defendants shall file with the court a list of all expert witnesses who may be called to testify at trial by __________________ (date).
7. Discovery shall be completed by __________________ (date). Parties shall seek discovery sufficiently before this date so that persons responding to discovery reasonably may comply with discovery requests prior to the deadline.
8. All other motions, except for motions in limine, shall be filed by __________________ (date).
*9. All parties shall file with the court an exhibit list by __________________ (date). The exhibit list shall state the reasonable place where such exhibits may be inspected and copied.
*10. All parties shall file specific objections to other parties' proposed exhibits by __________________ (date).
[11. Plaintiffs shall submit their portions of a pretrial order to defendants by __________________ (date).
Defendants shall file the proposed final pretrial order with the court by __________________ (date).]
[11. All parties shall file a final witness list by __________________ (date). The final witness list shall list "will call" and "may call" witnesses and may include any witnesses listed on any party's earlier witness list but may not include additional witnesses except by leave of court or consent of all parties.]
11. [Proposed jury instructions shall be submitted to the court by __________________ (date).]
or
[Proposed findings of fact and conclusions of law shall be filed with the court by __________________ (date).]
12. Motions in limine shall be filed by __________________ (date).
13. Dates contained in paragraphs of this order marked with an asterisk (*) may be modified by written agreement of all parties, without court approval. Only the court, for good cause, may change other dates.
14. This matter is set for [jury] [non-jury] trial on __________________ (date) [on a trailing docket].
_____________________________________
District Judge
USE NOTES
1. Dates should be in consecutive order.
2. Dates should be calendar dates, not "
________ days after entry of this order", or "________ days before trial".
3. Depending on the complexity of the case, the court may wish to use the paragraphs that are bracketed, which require submission of a pretrial report and final witness list.
4. This form may be adapted to local practice. For example, the court may want to require settlement conferences or pretrial conferences, or may schedule docket calls, etc.
5. If a scheduling order is not appropriate, the court shall enter an order indicating that no scheduling order will be entered, indicating the reason, and shall set the case for trial not later than eighteen (18) months after the filing of the complaint. Rule 1-016(B) NMRA.
[Approved, effective July 1, 2002.]