Local Rule LR11-102. Case assignment, reassignment; unavailability of judges.

[Related Statewide Rules 1-088 and 5-105 NMRA] A. Assignment. Cases are typically assigned to judges sitting in the county where the case is filed. In the event of recusal or excusal, the case will be reassigned as described in Paragraph B to one of the other judges sitting in the county where the case was filed. In the event all judges in one county have been disqualified, the case will be reassigned at random to one of the judges in the other county. B. Immediate reassignment in case of excusal or recusal. In the event of recusal or excusal of an assigned judge, the clerk of the court shall immediately reassign the case so that a judge will be assigned to a pending case at all times. The clerk will serve notice of this reassignment on the parties. Under Rules 1-088 and 5-105 NMRA, the parties have ten (10) days from the date of recusal or excusal in which to agree on and enlist a district court judge to hear the case. Parties who agree on a district court judge to hear the case must file a document signed by the agreed-on judge indicating acceptance of the case. On filing, the case will be reassigned to the judge designated in the agreement. Absent the filing of an agreement within ten (10) days, the reassignment noticed by the clerk remains in effect subject to lawful excusals filed by other parties within ten (10) days of the clerk’s notice of reassignment. C. Assigned judge unavailable. Other than hearing a default or ex parte matter, cases assigned to one judge who is unavailable will not be heard by another judge without consent of the judge to whom the case is assigned. In case of an emergency, the requesting party must document the emergency to the satisfaction of the substitute judge who may hear a matter without the consent of the unavailable judge to whom the case is assigned.