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

(1) Extending date for trial; good cause or exceptional circumstances;

reassignment to available judge for trial permitted; sanctions. The court may extend the trial

date for up to thirty (30) days, upon showing of good cause which is beyond the control of the

parties or the court. To grant an extension of up to thirty (30) 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, in the manner provided in Paragraph L of this rule. If

the court is unable to proceed to trial and must grant an extension for up to thirty (30) days for

reasons the court does not find meet the requirement of good cause, the court shall impose

sanctions as provided in Paragraph I of this rule, which may include dismissal of the case with

prejudice subject to the provisions in Subparagraph (I)(4). Without regard to which party

requests any extension of the trial date, the court shall not extend the trial date more than thirty

(30) 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.

(2) Requirements for extension of trial date for exceptional circumstances.

When 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.

(3) Requirements for multiple requests. Any extension sought beyond the date

certain in a previously granted extension will again require a finding by the trial judge of

exceptional circumstances approved in writing by the chief judge or designee with an extension

to a date certain.

(4) Rejecting extension request for exceptional circumstances; dismissal

required. In the event the chief judge or designee rejects the trial judge’s 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, subject to the provisions in

Subparagraph (I)(4).