LR2-122 NMRA
Local Rule LR2-122. Vacating settings; notice to court of resolution.
Length: 270 wordsOfficial source
A. Vacated only by court. Settings will be vacated only with the assigned judge’s
approval.
B. Procedure. With trial and merits settings, if all parties entitled to notice agree to
vacate a setting, a proposed stipulated order stating the grounds for vacating must be
presented to the assigned judge. The order shall be signed by all counsel and parties
pro se.
With other settings, if all parties entitled to notice agree to vacate, a proposed
stipulated order may be presented to the assigned judge, or all parties may request the
assigned judge’s approval by telephone followed by a proposed stipulated order.
Even if all parties entitled to notice agree to vacate, the court may refuse to vacate.
If all parties entitled to notice do not agree to vacate, the party desiring to vacate the
setting shall file a motion on the issue. When vacation is granted and a hearing is still
necessary, a new request for hearing shall be filed along with the order granting the
vacation, except in civil court jury cases. Unless subject to mandatory electronic filing as
set forth in Rule 1-005.2 NMRA, LR2-203 NMRA, and the Electronic User Filing Guide,
the request for hearing shall be presented with a notice of hearing and envelopes in the
manner set forth in LR2-119 and LR2-121 NMRA.
C. Notice of resolution. Upon dismissal, consent judgment, bankruptcy, or other
resolution reached which makes a setting unnecessary, all parties shall promptly notify
the assigned judge.
[LR2-126 recompiled and amended as LR2-122 by Supreme Court Order No. 16-8300-
015, effective for all cases pending or filed on or after December 31, 2016.]