N.M. R. Mun. Ct. P. 8-505

As amended through August 23, 2024

Rule 8-505 - Pretrial conference; scheduling order

A.Pretrial conference. With or without the filing of a motion by a party, the court may order the parties to appear before the court to expedite the disposition of the case. Witnesses may not be called or subpoenaed for a pretrial conference unless ordered by the court.

B.Pretrial scheduling order. The court may enter a scheduling order that limits the time:

(1) to file and hear motions; and

(2) to complete discovery.

The scheduling order may also include:

(3) the dates for conferences or hearings before trial;

(4) a trial date; and

(5) any other matters deemed appropriate by the court.

N.M. R. Mun. Ct. P. 8-505

As amended, effective 3/1/2000;12/17/2001.

Committee commentary. - The purpose of this rule is to encourage negotiations to utilize more effectively judicial resources and to expedite the disposition of cases. Pre-trial conferences should be utilized for more than exchange of discovery materials.

ANNOTATIONS The 2001 amendment, effective December 17, 2001, inserted "scheduling order" in the rule heading; designated the former provisions of the rule as Paragraph A, adding the heading "Pretrial conference" and rewrote the second sentence that formerly provided the court may issue subpoenas at the request of a party; and added Paragraph B. The 2000 amendment, effective March 1, 2000, amended this rule to encourage the use of pre-trial conferences for more than exchange of discovery materials.

For form on notice of pretrial conference, see Rule 9-411 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 21A Am. Jur. 2d Criminal Law §§ 1160, 1163. Power of court to adopt general rule requiring pretrial conference as distinguished from exercising its discretion in each case separately, 2 A.L.R.2d 1061. Binding effect of court's order entered after pretrial conference, 22 A.L.R.2d 599. Appealability of order entered in connection with pretrial conference, 95 A.L.R.2d 1361. 23A C.J.S. Criminal Law §§ 1192 to 1194.