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

The court may enter an amended

scheduling order whenever one of the following triggering events occurs to extend the time limits

for commencement of trial consistent with the deadlines in Paragraph G as deemed necessary by

the court:

(1) the date of arraignment or the filing of a waiver of arraignment of the

defendant;

(2) if an evaluation of competency has been ordered, the date an order is filed

in the court finding the defendant competent to stand trial;

(3) if a mistrial is declared by the trial court, the date such order is filed in the

court;

(4) in the event of a remand from an appeal, the date the mandate or order is

filed in the court disposing of the appeal;

(5) if the defendant is arrested for failure to appear or surrenders in this state

for failure to appear, the date of the arrest or surrender of the defendant;

(6) if the defendant is arrested for failure to appear or surrenders in another

state or country for failure to appear, the date the defendant is returned to this state;

(7) if the defendant has been referred to a preprosecution or court diversion

program, the date a notice is filed in the court that the defendant has been deemed not eligible

for, is terminated from, or is otherwise removed from the preprosecution or court diversion

program;

(8) if the defendant’s case is severed from a case to which it was previously

joined, the date from which the cases are severed, except that the non-moving defendant or at

least one of the non-moving defendants shall continue on the same basis as previously

established under these rules for track assignment and otherwise;

(9) if a defendant’s case is severed into multiple trials, the date from which the

case is severed into multiple trials, except that at least one of the trials shall continue on the same

basis as previously established under this rule for track assignment and otherwise;

(10) if a judge enters a recusal and the newly-assigned judge determines the

change in judge assignment reasonably requires additional time to bring the case to trial, the date

the recusal is entered;

(11) if the court grants a change of venue and the court determines the change

in venue reasonably requires additional time to bring the case to trial; or

(12) if the court grants a motion to withdraw defendant’s plea.