LR1-402 NMRA
Local Rule LR1-402. Tolling of procedural deadlines.
Length: 335 wordsOfficial source
A. Purpose. The purpose of this local rule is to allow the parties to reach a
reasonable settlement or to attempt reconciliation. This local rule shall not be used to
delay court proceedings and shall not affect any limits otherwise provided by statute or
the Rules of Civil Procedure for the District Courts.
B. Extending deadlines and tolling time. Notwithstanding the provisions of rules
providing for schedules and deadlines for filings in domestic relations matters, the
parties may extend the deadlines or toll the running of time under this rule.
C. Motion required. Where the parties are making significant progress towards
settlement or are attempting reconciliation, the deadlines provided for in these rules
may be abated by the filing of a motion for abatement containing the following:
(1)
a statement that the parties are making significant progress towards
settlement or are attempting reconciliation and wish to toll the running of applicable time
periods; and
(2)
a statement of the present status of the case.
D. Termination of abatement. The period of abatement or tolling may be
terminated by either party on the filing of a withdrawal of consent to abatement signed
by counsel or the party pro se, stating that the parties are no longer making significant
progress towards settlement. The withdrawal of consent shall be served on the other
party in accordance with rules on service.
E. Time periods following abatement. Immediately on the filing of the withdrawal
of consent to abatement, the time periods provided for in these rules shall again begin
to run, excluding the time from the filing of the original certificate or abatement until the
filing of the withdrawal of consent; provided, however, that the parties shall have no less
than fifteen (15) days from the filing of the withdrawal of consent in which to file any
pleading or document required by these rules.
[LR1-710 recompiled and amended as LR1-402 by Supreme Court Order No. 16-8300-
015, effective for all cases pending or filed on or after December 31, 2016.]