N.M. R. Civ. P. Magist. Ct. 2-402

As amended through November 1, 2024

Rule 2-402 - Notice of trial; joint or separate trials

A.Notice of trial. After the answer has been filed, the magistrate shall set a date for trial of the action. He shall issue a written notice of trial announcing the time and place thereof, file the original and send copies to all parties not in default. The notice of trial shall be in substantially the form approved by the court administrator and the supreme court.

B.Consolidation. When actions involving a common question of law or fact are pending before the magistrate, he may make such orders providing for joint trials as may tend to avoid unnecessary costs or delay.

C.Separate trials. The magistrate in furtherance of convenience or to avoid prejudice may order a separate trial of any claim or issue.

N.M. R. Civ. P. Magist. Ct. 2-402

For form on notice of trial, see Rule 4-401 NMRA. Court not to dismiss complaint without notice. - The words "he shall issue a written notice of trial announcing the time and place thereof" do not allow the magistrate court to dismiss the complaint of the plaintiff without notice to the plaintiff in the event that a defendant is in default for failure to file a written answer and/or to appear on the return date for the answer. 1971 Op. Att'y Gen. No. 71-110. Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Actions § 110 et seq.; 75 Am. Jur. 2d Trial §§ 60 et seq., 115 et seq. Power of equity to enjoin prosecution of independent actions at law by different persons injured by the same tort, 75 A.L.R. 1444. Propriety of consolidation for trial of actions for personal injuries, death or property damage arising out of same accident, 104 A.L.R. 62, 68 A.L.R.2d 1372. Right of defendant sued jointly with another or others in action for personal injury or death to separate trial, 174 A.L.R. 734. Right to appellate review, on single appellate proceeding, of separate actions consolidated for trial together in lower court, 36 A.L.R.2d 823. Maintenance of second or successive stockholder's derivative action, 70 A.L.R.2d 1305. Time for making application for consolidation of actions, 73 A.L.R.2d 739. Separate trial of issues of liability and damages in tort, 85 A.L.R.2d 9. Right of plaintiff suing jointly with others to separate trial or order of severance, 99 A.L.R.2d 670. Propriety of separate trials of issues of tort liability and of validity and effect of release, 4 A.L.R.3d 456. 1A C.J.S. Actions §§ 205, 220 to 228; 88 C.J.S. Trial §§ 6 to 10.