LR3-115 NMRA
Local Rule LR3-115. Exhibits and witnesses for evidentiary proceedings.
A. Rule scope. This rule shall apply to all civil and criminal evidentiary proceedings
whether held before a judge, a domestic violence special commissioner, a domestic
relations hearing officer, a child support hearing officer, or a special master.
B. Exhibits.
(1)
A pre-numbered exhibit list describing each exhibit shall be submitted to
all other parties at least ten (10) calendar days before a motion hearing and to the court
two (2) business days before the scheduled motion hearing or such other time as may
be set by the court.
(2)
Production of exhibits.
(a) Actual exhibits shall be made available to all counsel and each pro se
party for examination no less than five (5) calendar days before a motion hearing.
(b) To the court:
(i)
For in person hearings, the attorneys or the pro se parties shall
bring the court’s copies of the exhibits for the court to the hearing to be tendered at the
time of the hearing.
(ii)
For remote hearings, the attorneys or the pro se parties shall
deliver a hard copy of the exhibits to the court no later than two (2) days, excluding
intermediate Saturdays, Sundays, and legal holidays, before the time the motion
hearing is scheduled to begin.
(c) Each exhibit shall be numbered separately. The exhibits shall be
numbered Plaintiff’s or Petitioner’s No. 1, 2, 3, etc.; Defendant’s or Respondent’s No. A,
B, C, etc.
(d) Drawings by experts and non-experts shall be prepared before motion
hearings and made available to all counsel and each pro se party along with exhibits.
(e) The parties shall notify each other, in writing, of objections to each other’s
exhibits two (2) business days before a motion hearing. A copy of the objections shall
be given to the court one (1) business day before the motion hearing, and objections will
be considered by the court at such time as may be set by the court. Any exhibit not
objected to may be admitted into evidence at the motion hearing and may be referred to
and shown to the court during opening statements.
C. Witnesses.
(1)
It is the responsibility of each party to subpoena that party’s witnesses.
(2)
A separate witness list shall be exchanged by all parties at least ten (10)
calendar days before a motion hearing and a copy delivered to the court two (2)
business days before the scheduled motion hearing or at such other time as may be
directed by the court. No witnesses, including expert witnesses, may be permitted to
testify if the witness has not been disclosed as required by this rule except rebuttal
witnesses or when good cause has been shown.
(3)
Objections to witnesses shall be made known to each party in writing two
(2) business days before the motion hearing and to the court one (1) business days
before the scheduled motion hearing.
(4)
Each party is responsible to have witnesses available as needed and to
obtain interpreters, in accordance with Rule 1-103 NMRA and LR3-116 NMRA, as may
be required at the time of the motion hearing.