Rule 1-071.3 - Statutory stream system adjudication suits; annual joint working sessionA.Joint working sessions in state adjudications. Thirty (30) days before the end of each fiscal year, the judges, special masters, the state and other parties in each stream adjudication court shall coordinate and set a working session for the purpose of discussing common issues among all pending stream adjudications and resource needs of each adjudication court. The judges presiding over state stream system adjudications shall invite judges and special masters presiding over federal stream system adjudications to participate.B.Report of state's priorities. Thirty (30) days prior to the joint working session, the state shall file a report setting out the plaintiff's suggested priorities and its analysis of resources needed by the courts and the state for each adjudication pending in state court.N.M. R. Civ. P. Dist. Ct. 1-071.3
Provisionally approved by Supreme Court Order No. 07-8300-13 for one year, effective 6/13/2007; provisionally approved by Supreme Court Order 08-8300 for one additional year, effective 6/9/2008; provisionally approved by Supreme Court Order No. 09-8300-015, for one additional year, effective 6/9/2009; provisionally approved by Supreme Court Order No. 10-8300-020, for one additional year, effective 6/8/2010; approved by Supreme Court Order No. 11-8300-027, effective for new and pending cases on or after6/8/2011.Committee commentary. - The annual joint working session is called to balance the demands of state and federal court adjudications with the personnel and financial resources available to the state engineer and the courts. While each adjudication court must manage its case to ensure expeditious resolution, case management plans must be realistic and based on current resource information. Each adjudication court must take care to monitor its case management to avoid unnecessarily undermining the progress in other pending adjudications.
Because of the prohibition against ex parte contacts between the state and the judiciary, and because other parties' substantive and procedural rights might be impacted by decisions reached in the joint working session, such sessions are to be held only after notice of the date, time and place.
ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-027, effective June 8, 2011, ended the practice of annually, provisionally approving the rule and applied the rule to new and pending cases on or after June 8, 2011.