Local Rule LR3-203. Civil case control.

[Related Statewide Rule 1-016 NMRA] A. Case management scope. This case management system is to guide and control the progress of cases from filing of the complaint to the time of trial. These case control rules shall apply to all civil cases, with the exception of the following: (1) commitments; (2) conservator and guardian proceedings; (3) probate proceedings; (4) writ actions; and (5) domestic relations proceedings. B. Scheduling. (1) Order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings. On the filing of the initial pleading in civil cases to which these rules apply, the court will enter an order requiring scheduling reports and a discovery plan and limiting stipulations to enlarge time for responsive pleadings. The court will issue this order with the summons, to be served on the defendant(s) with the summons and complaint. A party other than the party filing the initial pleading who asserts a claim against another party who has not been served with a copy of this order shall serve a copy of this order on each person against whom a claim is asserted and shall file a certificate of such service. (2) Requirements of scheduling reports. As further detailed in the order requiring scheduling reports, the parties shall confer with the goal of agreeing on the track to which each case should be assigned, based on the criteria laid out below. Scheduling reports will provide information to allow the court to schedule trial and certain pretrial hearings early in the case and to allow the court to allocate the necessary judicial resources to fairly and promptly resolve the dispute. To accomplish this, the order shall (a) require the filing of scheduling reports by all parties sixty (60) calendar days after the filing of the initial pleading or ten (10) business days after entry of appearance; (b) require the parties to either (i) stipulate to a discovery plan; or (ii) timely request a hearing at which the court will formulate a discovery plan; (c) inform the parties that, in the absence of a discovery order filed under either Subparagraphs (2)(b)(i) or (2)(b)(ii) of this paragraph, the parties shall comply with the discovery plan set forth in the scheduling order; (d) provide limits on the power of parties to stipulate to an extension of time to file responsive pleadings; and (e) direct the parties to inform the court and the alternative dispute resolution coordinator when the case is at issue. (3) Scheduling reports. (a) Scheduling reports required. Within sixty (60) calendar days after the initial pleading in a civil action is filed, parties of record shall file a scheduling report. A copy of the scheduling report shall be served on each party of record and a copy delivered to the assigned judge. (i) If all parties can agree that the matter is likely to be ready for trial within four (4) to six (6) months, they shall confer and submit a joint scheduling report stipulating to Track A, using a form approved by the district court for that purpose. (ii) If all parties cannot agree that the matter is likely to be ready for trial within four (4) to six (6) months, the parties shall confer and each party shall submit a scheduling report in a form approved by the district court for that purpose with a caption that describes the party, e.g. “Plaintiff’s Scheduling Report,” “Defendant’s Scheduling Report.” (iii) If the parties agree on a track other than Track A, they may submit a joint scheduling report in a form approved by the district court for that purpose. (iv) The assigned judge will set the case on a docket and set other pretrial hearings without a hearing, based on the information in the scheduling reports, as provided in Paragraph C of this rule. (b) Cases not at issue within sixty (60) days. (i) If all parties are not of record within sixty (60) calendar days after the filing date of the initial pleading, each party making a claim against one or more absent parties (plaintiff for defendant, third-party plaintiff for third-party defendant, etc.) shall, within five (5) business days after the sixtieth (60th) day, file with the court, serve parties of record, and deliver a copy to the assigned judge, a written explanation in a form approved by the district court for that purpose. (ii) Any party who enters an appearance in the case more than sixty (60) calendar days after the filing of the initial pleading shall file a scheduling report within ten (10) business days and deliver a copy to the assigned judge. C. Assigning Case Track. Each case will fall into Track A, B, or C, depending on the complexity and time requirements. Cases will be designated considering the criteria below, either by stipulation of the parties or by determination of the court. (1) Track A. (a) Cases ready for trial within four (4) to six (6) months of filing of the initial pleading; (b) No more than two (2) trial days required; (c) Legal issues are few and clear; (d) No multiple claims or third-party complaints; (e) Defendants served quickly; responsive pleadings filed promptly; (f) Required discovery limited; (g) Witnesses: five (5) or fewer witnesses, with expert witnesses allowed if testimony is concise and brief; and (h) Damages are in a fixed amount or capable of determination with limited evidence. (2) Track B. (a) Cases ready for trial within six (6) to twelve (12) months of filing the initial pleading; (b) No more than five (5) trial days required; (c) Required discovery is not extensive; (d) Expert witnesses are limited to two (2) per party; and (e) Damage issues are not complex. (3) Track C. (a) Trial preparation likely to require more than twelve (12) months; (b) Trial likely to require more than five (5) days; (c) Legal issues are numerous, complicated, novel, or unique; (d) Numerous claims; (e) Numerous parties represented by different counsel; (f) Required discovery is extensive; (g) Large number of fact and expert witnesses; and (h) Damage issues are complex or require extensive evidence. D. Scheduling Order. The court will consider the scheduling report(s) submitted by the parties and will enter a scheduling order that will govern discovery and trial dates unless amended. The parties may request a scheduling conference under Rule 1-016 NMRA if the case presents unique or complex issues that require the court’s attention. E. Sanctions. If a party fails to timely comply with the provisions of this rule, the party will be subject to appropriate sanctions, which may include dismissal or default. F. Pre-trial conferences; scheduling orders; management. (1) Scheduling conference. Any party may request a scheduling conference before the court files a scheduling order. The face of the request shall state the date that a scheduling order must be filed in order to comply with Rule 1-016(B) NMRA, and counsel shall be prepared to advise the court on those matters contained in Rule 1- 016(B) NMRA. (2) Pretrial conference. (a) Unless excused by the court, counsel who will handle the case at trial shall participate at any pretrial or scheduling conference set by the court. (b) Counsel shall be prepared to advise the court of those matters provided for in Rule 1-016(C) NMRA. (c) The parties shall exchange pretrial statements five (5) business days before the pretrial conference. After the conference plaintiff shall incorporate each portion submitted into a pretrial order to be submitted to the parties five (5) business days after the pretrial conference and to the court ten (10) business days after the pretrial conference. (d) The pretrial order shall contain the following: (i) Jurisdiction. State whether there is a question of jurisdiction over the parties or subject matter and, if so, each party shall provide citation of authority for that party’s position. (ii) Propriety of parties. State if there is a need for a guardian, personal representative, etc.; whether parties are correctly stated as an individual, partnership, corporation, etc.; and whether there is a question of misjoinder of parties or need for realignment of parties. (iii) Outline of events. Statement by each counsel outlining the events or transactions out of which the claim, counter-claim, or cross-claim arose, or on which the defense is founded. (iv) Factual allegations; plaintiff. The plaintiff shall state the factual contentions about the liability of each defendant, specifically including the injuries and damages claimed by each plaintiff. Special damages, general damages, and punitive damages, as well as the specific factual and legal basis for punitive damages, shall be separately stated. (v) Factual allegations; defendant. The defendant shall state the factual contentions about non-liability and about each affirmative defense, and shall specifically respond to plaintiff’s claims and state the basis for each affirmative defense. (vi) Factual allegations; others. Where counter-claims, cross-claims, or third-party claims exist, a statement of that party’s factual contentions about liability, non-liability, and affirmative defenses shall be stated in the manner described in Subparagraphs (G)(2)(d)(iv) and (G)(2)(d)(v) of this rule. (vii) Admissions or stipulations. Counsel or pro se litigants shall make an effort to stipulate to all matters not at issue, including, but not limited to, the following: a. date(s); b. place; c. time; d. vehicles; e. ownership; f. passengers; g. traffic control devices; h. weather; i. foundation matters; and j. other. Only matters actually agreed on shall be included. It is the responsibility of each party to introduce stipulations at the appropriate time. A party may read any stipulation to the jury or request the court, out of the presence of the jury, to do so. (viii) Discovery. State what discovery has been completed and, if the deadlines for discovery set in the scheduling conferences have not been met, state why, in detail, and when discovery is expected to be completed. Discovery includes the exchange of names of witnesses along with a brief summary of the subject matter of each witness’s testimony. (ix) Laws involved. State as follows: a. Source of law. 1. United States of America (constitution or statute); 2. State (constitution or statute); 3. Ordinances (attach copies); 4. Regulations (attach copies); 5. Decisions (attach copies if not published). b. Issues of law; evidentiary problems. c. Memoranda of law. State whether necessary, due date, and the issues to be included in the memorandum. (x) Amendments to pleadings. State whether amendments addressed in the scheduling order have been completed and, if not, state why not. If additional amendments are requested, state, in detail, why they were not included in the scheduling order. State requested amendments. (xi) Briefs. The parties shall state the need and schedule for filing and exchanging pretrial briefs. (xii) Masters. The parties shall state the advisability of referring the matter to a master, settlement facilitator, or a mediator, and shall state the possibilities of settlement. (xiii) Other matters. Other matters as the court may require, with or without a party’s request, which shall include any deviations from the scheduling order. G. Exhibits. (1) A pre-numbered exhibit list describing each exhibit shall be submitted to all other parties at least twenty-one (21) calendar days before trial and to the court five (5) business days before the scheduled trial or such other time as may be set by the court. (2) Actual exhibits shall be made available to all counsel and each pro se party for examination no less than fifteen (15) calendar days before trial. (3) Each exhibit shall be numbered separately. The exhibits shall be numbered Plaintiff’s No. 1, 2, 3, etc.; Defendant’s No. A, B, C, etc. (4) Drawings by experts and non-experts shall be prepared before trial and made available to all counsel and each pro se party along with exhibits. (5) The parties shall notify each other, in writing, of objections to each other’s exhibits ten (10) business days before trial. A copy of the objections shall be given to the court five (5) business days before trial, 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 the morning of trial and may be referred to and shown to the jury during opening statements. H. 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 twenty-one (21) calendar days before trial and a copy delivered to the court five (5) business days before trial 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 the scheduling order except rebuttal witnesses or when good cause has been shown. (3) Objections to witnesses shall be made known to each party ten (10) business days before trial and to the court five (5) business days before trial. (4) Each party is responsible to have witnesses available as needed and to obtain interpreters, in accordance with Rule 1-103 NMRA, as may be required. I. Jury instructions. (1) Plaintiff to defendant. Plaintiff shall submit instructions to other parties fifteen (15) business days before trial and shall include all applicable mandatory instructions. (2) Defendant to plaintiff. Defendant and all other parties shall submit instructions to all parties ten (10) business days before trial. The parties shall not offer any alternate for an instruction requested by the plaintiff unless the requested alternate is accompanied by objections to the plaintiff’s requested instruction. (3) All parties to court. All parties shall submit instructions to the court five (5) business days before trial. (4) Each party shall submit verdict forms with their instructions. Verdict forms shall include the caption of the case. (5) Additional instructions may be submitted as the court permits. J. Findings of fact and conclusions of law. The parties shall comply with LR3- 205 NMRA.