N.M. 2nd Jud. Dist. Adopted Rule For Special Calendar P

Extension of time for trial; reassignment; dismissal with prejudice;

sanctions. The court may extend the trial date for up to forty-five (45) days, upon showing of good cause which is beyond the control of the parties or the court. To grant an extension of up to forty-five (45) days the court shall enter written findings of good cause.

If on the date the case is set or re-set for trial the court is unable to hear a case for any

reason, including a trailing docket, the case may be reassigned for immediate trial to any

available judge or judge pro tempore. Without regard to which party requests any extension of the trial date, the court shall not extend the trial date more than forty-five (45)

days beyond the original date scheduled for commencement of trial without a written

finding of exceptional circumstances approved in writing by the chief judge or a judge,

including a judge pro tempore previously approved to preside over such matters by order

of the Chief Justice, that the chief judge designates.

(1) Requirements for extension of trial date for exceptional circumstances. If

the trial judge believes exceptional circumstances exist which would merit an extension,

he or she shall certify the request for extension to the chief judge. If the chief judge or

the chief judge’s designee accepts the finding by the trial judge of exceptional circumstances, the chief judge shall approve rescheduling of the trial to a date certain. The order

granting an extension to a date certain for extraordinary circumstances may reassign the

case to a different judge for trial or include any other relief necessary to bring the case to

prompt resolution.

(2) Rejecting extension request for exceptional circumstances; dismissal required. In the event the chief judge or designee rejects the request for an extension based

on exceptional circumstances, the case shall be tried within the previously ordered time

limit or shall be dismissed with prejudice if it is not.

(3) Lack of extension; dismissal with prejudice. If the State is unable to proceed to trial on the scheduled date and an extension has not been granted, the case shall

be dismissed with prejudice and the court may impose other sanctions as it deems appropriate. If defense counsel asserts they are unable to proceed to trial on the scheduled date

and an extension has not been granted, the court shall determine whether going forward

with trial would substantively impair a defendant’s right to a fair trial; the Court shall

also impose sanctions against defense counsel or defense counsel’s government agency.