Local Rule LR2-121. Trial and merits hearings.

[Related Statewide Rule 1-016 NMRA] A. Permissive and mandatory requests for trial. In any case, except where a trial or merits hearing (hereinafter “trial”) has already been set by pretrial scheduling order, trailing calendar, or other written notice, any party may request a trial by filing a request for hearing with the clerk. Where trial has not been set within fourteen (14) months after the complaint is filed, the plaintiff shall file either a request for hearing or a motion for extension of the Rule 1-016 NMRA, deadlines for commencement of trial. B. Requests for hearing; presentment. Unless subject to mandatory electronic filing as set forth in Rule 1-005.2 NMRA, LR2-203 NMRA, and the Electronic User Filing Guide, as a condition of filing, all requests for hearing shall be in the form set forth in LR2-Form 703 NMRA and shall be presented to the clerk with the following: (1) a copy of the request for hearing for the assigned judge; (2) an original notice of hearing in the form set forth in LR2-Form 704 NMRA and sufficient copies for all parties entitled to notice; and (3) stamped, addressed, plain (without return address) envelopes for all parties entitled to notice. C. Service of request. The party requesting trial shall serve copies of the request for hearing on all parties entitled to notice. D. Filing; forwarding to judge. The clerk will file the request for hearing and endorse the copy for the assigned judge. The clerk shall forward the endorsed copy of the request, the original notice of hearing and copies, and the envelopes to the assigned judge. E. Notice of hearing. The assigned judge’s staff will complete and file the notice of hearing and mail or deliver copies to all parties entitled to notice, adding to the envelopes the court address as the return address, or the judge may direct the party requesting trial to complete this process. F. Pretrials and status conferences. Any party may request a pretrial or status conference by filing, without accompanying motion, a request for hearing in the manner set forth above. The court on its own motion may set pretrial[s] and status conferences, and will mail or deliver notice to all parties entitled to notice. G. Exceptions. (1) Civil court jury cases. The court will set all civil court jury cases by trailing calendar mailed or delivered to all parties entitled to notice. Cases generally shall be set on the calendar in chronological order by filing date with oldest cases being tried first. For good cause upon motion, the court may provide a definite setting for a jury case. (2) Delinquency and need of supervision cases. The clerk, under the direction of the assigned judge, will set all delinquency and need-of-supervision trials, and mail or deliver notice to all parties entitled to notice. (3) Criminal cases. The district court judge’s trial court administrative assistant sets all criminal trials and metropolitan court criminal appeals, and mails or delivers notice to all parties entitled to notice. [LR2-125 recompiled and amended as LR2-121 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016.]