New Mexico Forms Library

LR1-Form 703. Pretrial Order.

FIRST JUDICIAL DISTRICT COURT

STATE OF NEW MEXICO

COUNTY OF _____________________

No. ______________________________

______________________________________, Plaintiff/Petitioner

v.

______________________________________, Defendant/Respondent

PRETRIAL ORDER

This matter having come before the court on ______________________, ________, at pretrial conference held before _____________________, District Judge, Division ______, under Rule 1-016(E) NMRA of the Rules of Civil Procedure for the District Courts, and _________________ having appeared as counsel for Plaintiff/Petitioner and _______________ having appeared as counsel for Defendant/Respondent and _____________ having appeared as counsel for __________________; the following action was taken.

1.   JURISDICTION: (check and complete applicable alternative)

[  ] The jurisdiction of the court is not disputed and is hereby determined to be

present.

[  ] The question of jurisdiction was in dispute and decided as follows: ___________

___________________________________________________________________

(appropriate recitation of preliminary hearing and findings).

2.   PARTIES. (check and complete applicable alternative)

[  ] There is no remaining question as to propriety of the parties.

[  ] The propriety of the parties is disputed as follows: ________________________

___________________________________________________________________

(state the nature or the dispute).

3.   GENERAL NATURE OF THE CLAIMS OF THE PARTIES:

A.        Plaintiff/Petitioner claims: _____________________________________

(set out brief summary without detail).

B.        Defendant/Respondent claims: _________________________________

(set out brief summary without detail).

C.        All other parties claim: ________________________________________

(same type of statement where third parties are involved).

4.   UNCONTROVERTED FACTS: The following facts are established by admissions in the pleadings or by stipulations of counsel at the pretrial conference: _________________________________________________________________________________ (set out uncontroverted facts, including admitted jurisdictional facts and all other significant facts, concerning which there is no genuine issue).

5.   CONTESTED ISSUES OF FACTS: The contested issues of fact remaining for decision are: ___________________________________________________ (set out).

6.   CONTESTED ISSUES OF LAW: (check and complete the applicable alternative)

[  ] The contested issues of law in addition to those implicit in the foregoing issues of fact are: _______________________________________________________ (set out).

[  ] There are no special issues of law reserved other than those implicit in the foregoing issues of fact.

7.   EXHIBITS: There are received in evidence (or identified and offered) the following:

A.        Plaintiff/Petitioner’s exhibits: _____________________________ (list).

B.        Defendant/Respondent’s exhibits: __________________________ (list).

C.        Exhibits of other parties: _________________________ (If involved, list).

D.        If other exhibits are to be offered, the offering party will mark the party’s own exhibits and make a list of them. Lists of these exhibits will be furnished to all opposing counsel and the court at least ten (10) days prior to trial. At that time all of those exhibits will be made available for examination by opposing counsel. This order does not apply to rebuttal exhibits, which cannot be anticipated.

E.         Any counsel requiring authentication of an exhibit must so notify the offering counsel in writing within five (5) days after the exhibit is made available to opposing counsel for examination. Failure to do so is an admission of authenticity.

F.         Any other objections to admissibility of exhibits must, where possible, be made at least three (3) days before trial, and the court notified of the objections. Where possible, admissibility will be ruled on before trial, and objections reserved for the record.

G.        At any time of trial, each counsel will furnish to the court two (2) copies (and one (1) copy to each opposing counsel) of the list of all exhibits to be offered.

H.        All exhibits will be offered and received in evidence as the first item of business at the trial.

8.   Any party proposing to offer all or any portion of a deposition shall notify opposing counsel at least ten (10) days before trial of the offers to be made (unless the necessity for using the deposition develops unavoidably thereafter). If objection is to be made, or if additional portions of a deposition are to be requested, opposing counsel will notify offering counsel at least five (5) days before trial of any objections or requests. If any differences cannot be resolved, the court must be notified in writing of those differences at least three (3) days before trial. In the party’s notice to the court, an objecting party shall provide a redline, or electronically marked pdf document, to show the portions of a deposition to which objections are made.

9.   DISCOVERY. (check and complete applicable options, can check more than one)

[  ] Discovery has been completed.

[  ] Discovery is to be completed by __________.

[  ] Further discovery is limited to __________.

[  ] The following provisions were made for discovery:___________________ (specify).

10. WITNESSES:

A.        In the absence of reasonable notice to opposing counsel to the contrary, Plaintiff/Petitioner will call, or will have available at the trial: ________________ (list). Plaintiff/Petitioner may call: _______________________ (list).

B.        In the absence of reasonable notice to opposing counsel to the contrary, Defendant/Respondent will call, or will have available at the trial: _____________ (list). Defendant/Respondent may call: __________________ (list).

C.        (Use for third parties, if any). In the absence of reasonable notice to

opposing counsel to the contrary, _____________ will call, or will have available at the trial: (list). _____________ may call: _________________________ (list)

D.        In the event there are other witnesses to be called at the trial, a statement of their names and addresses and the general subject matter of their testimony will be served on opposing counsel and filed with the court at least ________ days prior to trial. This restriction shall not apply to rebuttal witnesses, the necessity of whose testimony reasonably cannot be anticipated before the time of trial.

11. REQUESTS FOR INSTRUCTIONS: (If the case is to be tried to a jury, include the following. Omit otherwise.). It is directed that requests for instructions be submitted to the court ________ days before trial, subject to the right of counsel to supplement the request during the course of the trial on matters that cannot be reasonably anticipated.

12. AMENDMENTS TO PLEADINGS: (check and complete applicable alternative)

[  ] There were no requests to amend pleadings.

[  ] The following order was made with regard to amendments to the pleadings:

______________________________ (set out).

13. OTHER MATTERS: The following additional matters to aid in the disposition of the action were determined: (Set out to the extent determined with reference to schedule for briefs, requests for questions on voir dire examination of jury, advance proposals for findings of fact; also trial schedule, further pretrial conferences, preliminary rulings on questions of law, exchange of medical reports, indexing or abstracting of exhibits, specification of objections, etc.).

14. MODIFICATIONS - INTERPRETATION: This pretrial order has been formulated after conference at which counsel for the respective parties have appeared. Reasonable opportunity has been afforded counsel for corrections or additions prior to signing by the court. Hereafter, this order will control the course of the trial and may not be amended except by consent of the parties and the court, or by order of the court to prevent manifest injustice. The pleadings will be deemed merged herein. In the event of ambiguity in any provision of this order, reference may be made to the record of this conference to the extent reported by stenographic notes, and to the pleadings.

15. TRIAL SETTING: (check and complete applicable alternative)

[  ] The case was set for trial (with) (without) a jury on __________, ______ at __________ o’clock __m.

[  ] No definite setting was made, but it was estimated that the case will be reached for trial __________________.

16. MEMORANDUM: Estimated length of trial is ________ days. Possibility of settlement of this case is considered: (check applicable alternative)

[  ] Good

[  ] Fair

[  ] Poor.

	IT IS SO ORDERED.
________________	__________________________
Dated	District Judge

The foregoing proposed pretrial order (prior to execution by the court) is hereby approved this ____ day of ___________, _________.

Address: __________________________________________

Attorney for Plaintiff/Petitioner

Address: __________________________________________

Attorney for Defendant/Respondent

Address: __________________________________________

Attorney for Other Parties (if any)

[Adopted by Supreme Court Order No. 22-8300-021, effective for all cases pending or filed on or after December 31, 2022.]