N.M. 2nd Jud. Dist. Amended LR2-400 – Effective February 2, 2016 G

Status hearing; witness disclosure; case track determination; scheduling

order.

(1) Witness list disclosure requirements. Within twenty-five (25) days after

arraignment or waiver of arraignment each party shall, subject to Rule 5-501(F) NMRA and Rule

5-502(C) NMRA, file a list of names and contact information for known witnesses the party

intends to call at trial and that the party has verified is current as of the date of disclosure

required under this subparagraph, including a brief statement of the expected testimony for each

witness, to assist the court in assigning the case to a track as provided in this rule. The

continuing duty to make such disclosure to the other party continues at all times prior to trial,

requiring such disclosure within five (5) days of when a party determines or should reasonably

have determined the witness will be expected to testify at trial.

(2) Status hearing; factors for case track assignment. A status hearing, at

which the defendant shall be present, shall be commenced within thirty (30) days of arraignment

or the filing of a waiver of arraignment.

(3) Case track assignment required; factors. At the status hearing, the court

shall determine the appropriate assignment of the case to one of three tracks. Written findings

are required to place a case on track 3 and such findings shall be entered by the court within five

(5) days of assignment to track 3. Any track assignment under this rule only shall be made after

considering the following factors:

(a) the complexity of the case, starting with the assumption that most

cases will qualify for assignment to track 1; and

(b) the number of witnesses, time needed reasonably to address any

evidence issues, and other factors the court finds appropriate to distinguish track 1, track 2, and

track 3 cases.

(4) Scheduling order required. After hearing argument and weighing the

above factors, the court shall, before the conclusion of the status hearing, issue a scheduling

order that assigns the case to one of three tracks and identifies the dates when events required by

that track shall be scheduled, which are as follows for tracks 1, 2, and 3:

(a) Track 1; deadlines for commencement of trial and other events.

For track 1 cases, the scheduling order shall have trial commence within two hundred ten (210)

days of arraignment, the filing of a waiver of arraignment, or other applicable triggering event

identified in Paragraph H, whichever is the latest to occur. The scheduling order shall also set

dates for other events according to the following requirements for track 1 cases:

(i) Track 1 - deadline for plea agreement. A plea agreement

entered into between the defendant and the state shall be submitted to the court substantially in

the form approved by the Supreme Court not later than ten (10) days before the trial date. A

request for the court to approve a plea agreement less than ten (10) days before the trial date shall

not be accepted by the court except upon a written finding by the assigned district judge of

extraordinary circumstances. A defendant may plead guilty, the state may dismiss charges, and

the parties may recommend a sentence but the court shall not agree to comply with a plea

agreement in this circumstance absent a written finding of extraordinary circumstances;

(ii) Track 1 - deadline for pretrial conference. The final

pretrial conference, including any hearing on any remaining pretrial motions if needed, shall be

scheduled fifteen (15) days before the trial date. Each party shall file their final trial witness list

on or before this date. The defendant shall be present for the final pretrial conference;

(iii) Track 1 - deadline for notice of need for court interpreter.

All parties shall identify by filing notice with the court any requirement for language access

services at trial by a party or witness fifteen (15) days before the trial date;

(iv) Track 1 - deadline for pretrial motions hearing. A hearing

for resolution of pretrial motions shall be set not less than thirty-five (35) days before the trial

date;

(v) Track 1 - deadline for pretrial motions. Pretrial motions

shall be filed not less than fifty (50) days before the trial date;

(vi) Track 1 - deadline for responses to pretrial motions.

Written responses to any pretrial motions shall be filed within ten (10) days of the filing of any

pretrial motions and in any case not less than forty (40) days before the trial date. Failure to file a

written response shall be deemed, for purposes of deciding the motion, an admission of the facts

stated in the motion;

(vii) Track 1 - deadline for witness interviews. Witness

interviews shall be completed not less than sixty (60) days before the trial date; and

(viii) Track 1 - deadline for disclosure of scientific evidence. All

parties shall produce the results of any scientific evidence, if not already produced, not less than

one hundred twenty (120) days before the trial date. In a case where justified by good cause, the

court may but is not required to provide for production of scientific evidence less than one

hundred twenty (120) days before the trial date. In no case shall the order provide for production

of scientific evidence less than ninety (90) days before the trial date;

(b) Track 2; deadlines for commencement of trial and other events.

For track 2 cases, the scheduling order shall have trial commence within three hundred (300)

days of arraignment, the filing of a waiver of arraignment, or other applicable triggering event

identified in Paragraph H, whichever is the latest to occur. The scheduling order shall also set

dates for other events according to the following requirements for track 2 cases:

(i) Track 2 - deadline for plea agreement. A plea agreement

entered into between the defendant and the state shall be submitted to the court substantially in

the form approved by the Supreme Court not later than ten (10) days before the trial date. A

request for the court to approve a plea agreement less than ten (10) days before the trial date shall

not be accepted by the court except upon a written finding by the assigned district judge of

extraordinary circumstances. A defendant may plead guilty, the state may dismiss charges, and

the parties may recommend a sentence but the court shall not agree to comply with a plea

agreement in this circumstance absent a written finding of extraordinary circumstances;

(ii) Track 2 - deadline for pretrial conference. The final

pretrial conference, including any hearing on any remaining pretrial motions if needed, shall be

scheduled fifteen (15) days before the trial date. Each party shall file their final trial witness list

on or before this date. The defendant shall be present for the final pretrial conference;

(iii) Track 2 - deadline for notice of need for court interpreter.

All parties shall identify by filing notice with the court any requirement for language access

services at trial by a party or witness fifteen (15) days before the trial date;

(iv) Track 2 - deadline for pretrial motions hearing. A hearing

for resolution of pretrial motions shall be set not less than thirty-five (35) days before the trial

date;

(v) Track 2 - deadline for pretrial motions. Pretrial motions

shall be filed not less than sixty (60) days before the trial date;

(vi) Track 2 - deadline for responses to pretrial motions.

Written responses to any pretrial motions shall be filed within ten (10) days of the filing of any

pretrial motions and in any case not less than forty-five (45) days before the trial date. Failure to

file a written response shall be deemed, for purposes of deciding the motion, an admission of the

facts stated in the motion;

(vii) Track 2 - deadline for witness interviews. Witness

interviews shall be completed not less than seventy-five (75) days before the trial date; and

(viii) Track 2 - deadline for disclosure of scientific evidence. All

parties shall produce the results of any scientific evidence, if not already produced, not less than

one hundred twenty (120) days before the trial date. In a case where justified by good cause, the

court may but is not required to provide for production of scientific evidence less than one

hundred twenty (120) days before the trial date. In no case shall the order provide for production

of scientific evidence less than ninety (90) days before the trial date; and

(c) Track 3; deadlines for commencement of trial and other events.

For track 3 cases, the scheduling order shall have trial commence within four hundred fifty-five

(455) days of arraignment, the filing of a waiver of arraignment, or other applicable triggering

event identified in Paragraph H, whichever is the latest to occur. The scheduling order shall also

set dates for other events according to the following requirements for track 3 cases:

(i) Track 3 - deadline for plea agreement. A plea agreement

entered into between the defendant and the state shall be submitted to the court substantially in

the form approved by the Supreme Court not later than ten (10) days before the trial date. A

request for the court to approve a plea agreement less than ten (10) days before the trial date shall

not be accepted by the court except upon a written finding by the assigned district judge of

extraordinary circumstances. A defendant may plead guilty, the state may dismiss charges, and

the parties may recommend a sentence but the court shall not agree to comply with a plea

agreement in this circumstance absent a written finding of extraordinary circumstances;

(ii) Track 3 - deadline for pretrial conference. The final

pretrial conference, including any hearing on any remaining pretrial motions if needed, shall be

scheduled twenty (20) days before the trial date. Each party shall file their final trial witness list

on or before this date. The defendant shall be present for the final pretrial conference;

(iii) Track 3 - deadline for notice of need for court interpreter.

All parties shall identify by filing notice with the court any requirement for language access

services at trial by a party or witness fifteen (15) days before the trial date;

(iv) Track 3 - deadline for pretrial motions hearing. A hearing

for resolution of pretrial motions shall be set not less than forty-five (45) days before the trial

date;

(v) Track 3 - deadline for pretrial motions. Pretrial motions

shall be filed not less than seventy (70) days before the trial date;

(vi) Track 3 - deadline for responses to pretrial motions.

Written responses to any pretrial motions shall be filed within ten (10) days of the filing of any

pretrial motions and in any case not less than fifty-five (55) days before the trial date. Failure to

file a written response shall be deemed, for purposes of deciding the motion, an admission of the

facts stated in the motion;

(vii) Track 3 - deadline for witness interviews. Witness

interviews shall be completed not less than one hundred (100) days before the trial date; and

(viii) Track 3 - deadline for disclosure of scientific evidence. All

parties shall produce the results of any scientific evidence, if not already produced, not less than

one hundred fifty (150) days before the trial date. In a case where justified by good cause, the

court may but is not required to provide for production of scientific evidence less than one

hundred fifty (150) days before the trial date. In no case shall the order provide for production of

scientific evidence less than one hundred twenty (120) days before the trial date.

(5) Form of scheduling order; additional requirements and shorter deadlines

allowed. The court may adopt upon order of the chief judge of the district court a form to be

used to implement the time requirements of this rule. Additional requirements may be included

in the scheduling order at the discretion of the assigned judge and the judge may alter any of the

deadlines described in Subparagraph (G)(4) of this rule to allow for the case to come to trial

sooner.

(6) Extensions of time; cumulative limit. The court may, for good cause, grant

any party an extension of the time requirements imposed by an order entered in compliance with

Paragraph G of this rule. In no case shall a party be given time extensions that in total exceed

thirty (30) days. Unless required by good cause, extensions of time for up to a total of thirty (30)

days to any party shall not result in delay of the date scheduled for commencement of trial.

Substitution of counsel alone ordinarily shall not constitute good cause for an extension of time.