N.M. 2nd Jud. Dist. Adopted Rule for "Special Calendar" J

At or within ten (10) days of the scheduling

conference, the court shall enter a scheduling order. The Court shall use the scheduling

order provided by the Court for all new scheduling orders.

(1) Previously-entered scheduling orders and stipulations for scheduling orders. The parties may either stipulate to abide by a previously-entered scheduling

order or they may, after contacting the assigned judge’s TCAA to obtain available trial

dates, submit a newly-proposed stipulated scheduling order, on the Court’s Scheduling

Order form, for review and approval by the Court. In either case, if such a stipulation is

submitted, a scheduling conference shall not be required. In lieu of the scheduling conference, the parties shall file the stipulated notice of their intent to abide by the scheduling order together with a copy of the scheduling order, and the acknowledgement of

sanctions form, within twenty (20) days of the effective date of this rule; within thirty

(30) days of the effective date of this rule they parties shall file a status of the case form.

If the Court denies a newly-proposed stipulated scheduling order, the case shall be scheduled for a scheduling conference within ninety (90) days of the Court’s denial.

(2) Pretrial motions and responses; concurrence presumed; evidentiary hearings. The failure to file a written response to a written pretrial motion will be

presumed as concurrence. The Court will decide motions on the pleadings where possible, except if an evidentiary hearing is required.

(3) Extension for good cause. For good cause shown, either party may

seek to have the scheduling order deadlines extended for a period of twenty (20) days, so

long as the extension does not result in an extension of the trial date. It shall not be as-

sumed that substitution of counsel alone constitutes good cause for an extension of time.

(4) Sanctions for failure to comply with scheduling order. If a party

fails to comply with any provision of the scheduling order, the court shall impose sanctions as the court determines is appropriate in the circumstances, such as suppression, ex-

clusion, dismissal, monetary sanctions against either the attorney or the attorney’s government agency, or any other sanction deemed appropriate by the Court.