Rule 10-343. Adjudicatory hearing; time limits; continuances.

A. Time for hearing. The adjudicatory hearing shall be commenced within sixty (60) days after whichever of the following events occurs latest: (1) the date that the petition is served on the respondent; (2) the termination of any diversion agreement; (3) if a mistrial is declared or a new trial is ordered by the trial court, the date that such order is filed; or (4) in the event of an appeal from a judgment and disposition on a petition alleging abuse or neglect, the date that the mandate or order is filed in the children’s court disposing of the appeal. B. Children’s court attorney. The children’s court attorney shall represent the state at the adjudicatory hearing. C. Extensions of time. The time for commencement of an adjudicatory hearing may be extended by the children’s court for good cause shown, provided that the aggregate of all extensions granted by the children’s court shall not exceed sixty (60) days, except upon a showing of exceptional circumstances. An order granting an extension shall be in writing and shall state the reasons supporting the extension. An order extending time beyond the sixty (60)-day limit set forth in this paragraph shall not rely on circumstances that were used to support another extension. D. Procedure for extensions of time. The party seeking an extension of time shall file with the clerk of the children’s court a motion for extension concisely stating the facts that support an extension of time to commence the adjudicatory hearing. The motion shall be filed within the applicable time limit prescribed by this rule, except that it may be filed within ten (10) days after the expiration of the applicable time limit if it is based on exceptional circumstances beyond the control of the parties or trial court which justify the failure to file the motion within the applicable time limit. A party seeking an extension of time shall forthwith serve a copy thereof on opposing counsel. Within five (5) days after service of the motion, opposing counsel may file an objection to the extension setting forth the reasons for such objection. No hearing shall be held except upon order of the children’s court. If the children’s court grants an extension beyond the applicable time limit, it shall set the date upon which the adjudicatory hearing must commence. E. Effect of noncompliance with time limits. (1) The children’s court may deny an untimely motion for extension of time or may grant it and impose other sanctions or remedial measures, as the court may deem appropriate in the circumstances. (2) In the event the adjudicatory hearing on any petition does not commence within the time limits provided in this rule, including any court-ordered extensions, the case shall be dismissed with prejudice. (3) An appeal from an order issued under Rule 10-315 NMRA and Section 32A-4-18 NMSA 1978 shall not affect the time limits set forth in this rule.