N.M. R. Civ. P. Dist. Ct. 1-128.3

As amended through November 1, 2024

Rule 1-128.3 - Proceedings pending before tribunal; status report; dismissal

A.Abatement of pending proceeding. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. If an agreement is signed, then the parties shall file promptly with the tribunal a certificate or stipulated order of abatement, which shall toll all deadlines in the proceeding. The certificate or stipulated order shall include the following:

(1) a statement that the parties are making significant progress toward settlement or are attempting reconciliation and wish to toll the running of the time periods provided in the Rules of Civil Procedure for the District Courts;

(2) a statement of the present status of the case, including a list of all documents which have been filed as required by the Rules of Civil Procedure for the District Courts; and

(3) the signatures of counsel for both parties and of both parties themselves. Any certificate or stipulated order filed which does not include all required signatures shall be of no effect.

B.Notice to tribunal of conclusion of collaborative law process. Unless a final order or decree is entered by the tribunal, the parties shall file promptly with the tribunal and serve on the other party notice when a collaborative law process concludes, including when a party wishes to terminate the period of abatement and the collaborative law process. The period of abatement of the proceeding under Paragraph A of this rule is terminated when the notice is filed. The notice may not specify any reason for termination of the process.

C.Status report. A tribunal in which a proceeding is abated under Paragraph A of this rule may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information about whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

D.Effect of prohibited communication. A tribunal may not consider a communication made in violation of Paragraph C of this rule.

E.Dismissal. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a certificate of abatement is filed based on delay or failure to prosecute.

N.M. R. Civ. P. Dist. Ct. 1-128.3

Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after12/31/2016.