N.M. 2nd Jud. Dist. Amended LR2-400-20160202 I

(1) If a party fails to comply with any provision of this rule or the time limits

imposed by a scheduling order entered under this rule, the court shall impose sanctions as the

court may deem appropriate in the circumstances and taking into consideration the reasons for

the failure to comply.

(2) In considering the sanction to be applied the court shall not accept

negligence or the usual press of business as sufficient excuse for failure to comply. If the case

has been re-filed following an earlier dismissal, dismissal with prejudice is the presumptive

outcome for a repeated failure to comply with this rule, subject to the provisions in Subparagraph

(4) of this paragraph.

(3) The sanctions the court may impose under this paragraph include, but are

not limited to, the following:

(a) a reprimand by the judge;

(b) prohibiting a party from calling a witness or introducing evidence;

(c) a monetary fine imposed upon a party’s attorney or that attorney’s

employing office with appropriate notice to the office and an opportunity to be heard;

(d) civil or criminal contempt; and

(e) dismissal of the case with or without prejudice, subject to the

provisions in Subparagraph (4) of this paragraph.

(4) The sanction of dismissal, with or without prejudice, shall not be imposed

under the following circumstances:

(a) the state proves by clear and convincing evidence that the

defendant is a danger to the community; and

(b) the failure to comply with this rule is caused by extraordinary

circumstances beyond the control of the parties.