N.M. 2nd Jud. Dist. Local Court Rule (LR2-603) 10

At any time after a case is referred to arbitration, upon a party's, the

arbitrator's or the court's own motion, the court for good cause may orde r that the referral to arbitration be

withdrawn and the case be returned to the court's docket. The court in its discretion may enter such an order

without hearing.

B. Hearings; trial.

(1) Place, date and time. The arbitrator shall set an appropriate place, date and time for all hearings

and trial. Hearings shall be set during regular business hours exce pt upon agreement of the parties. The

arbitrator may conduct hearings by telephone.

(2) Notice. The arbitrator shall provide twenty (20) days written notice of t rial. The arbitrator shall

provide five (5) days notice, in writing or by telephone, of all other hearings. Notice of trial or hearings may

be waived by the parties.

(3) Requests for hearing. Unless otherwise directed by the arbitrator, parties may r equest hearings

informally, by letter or telephone, provided the requesting party noti fies all other parties as well as the

arbitrator. The arbitrator may decide motions and other preliminary matters on written submissions.

(4) Statement of witnesses, exhibits. No later than ten (10) days prior to trial, each party sha ll

serve upon all other parties a statement listing all the exhibit s and witnesses the party may use and briefly

describing the matters about which each witness will be calle d to testify. The arbitrator may waive this

provision.

(5) Return of exhibits and depositions. After an award is filed or the arbitration proceedings are

otherwise concluded, the arbitrator shall return all exhibits and depositions to the submitting party.

C. Evidentiary exceptions. The following exceptions apply during referral to arbitration.

(1) Depositions. The arbitrator may hear testimony by deposition.

(2) Documentary evidence. The following documents, if relevant, shall be admitted in evide nce

without further proof provided a copy of said documents is served upon all parties no later than ten (10) days

prior to the hearing or trial:

(a) Estimates and bills for services and products, if dated and itemized.

(b) Reports of experts, if dated and signed.

(c) Records and reports as described in Rule 11-803 NMRA, Paragraphs (F), (H), (I), (K), (L),

and (N) through (R) NMRA.

D. Award.

(1) Final decision; scope. The arbitrator's final decision shall be called an "award". The award

shall clearly set forth the amount awarded to each party and address all pending claims, attorney fees, costs

and interest as allowed by law, including any required award of costs pursuant to Rule 1-068 NMRA. The

award may be an award of default, dismissal, summary judgment or money damages.

(2) Amount. The amount of the award shall be limited only by the evidence and shall not be l imited

by the circumstances under which the case was referred to arbitration.

(3) Filing. Unless the parties agree otherwise, within ten (10) days aft er the last hearing, the

arbitrator shall file an award with the clerk and serve c opies on all parties entitled to notice. If an arbitrator

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fails to comply with this provision, the court after written not ice may impose an appropriate sanction

including but not limited to requiring the arbitrator to pay a penal ty into the second judicial district's

arbitration fund.

(4) Amended award. Within ten (10) days after an award is filed, the arbitra tor may file an

amended award. Copies shall be served on all parties entitled to notice.

(5) Binding award. At any time before the award is filed, the parties may f ile with the clerk a

stipulation that the award will be binding and that the right to appeal the award is waived.

(6) Judgment on award. If no appeal is taken and the time for appeal has expired or t he right to

appeal has been waived or the appeal has been voluntarily dismissed, the court shall prepare and file a

judgment or final order adopting that part of the award not appealed as a judgment or final order of the court,

and mail or deliver endorsed copies to all parties entitled to notice. Such judgment or final order shall be

enforceable and binding as any other judgment or final order.

SECTION VI: APPEAL

A. Right to appeal. Any party of record at the time the arbitrator's award is filed may appeal the award,

except that a party may not appeal an award of default, including an award of default entered pursuant to

Section V(A)(4) of this rule. An award of default shall only be set aside pursuant to Rules 1-055 and 1-060

NMRA.

B. Procedures to appeal.

(1) Notice of appeal. To exercise the right to appeal, a party must file a "notic e of appeal from

arbitration" with the clerk within fifteen (15) days after t he award or an amended award, is filed. If a timely

notice of appeal is filed by a party, any other party may file a notice of appeal within fifteen (15) days after

the date on which the first notice of appeal was served. The per iod for filing the notice shall not be

extended. A copy of the notice of appeal shall be served on all part ies entitled to notice. Cross-appeals are

not required.

(2) Voluntary dismissal. At any time after filing a notice of appeal and before tria l before the

assigned judge, a party may withdraw the appeal by filing a notice of voluntary appeal dismissal. A copy of

the notice shall be served on all parties.

C. Procedures on appeal.

(1) Docket status. After a notice of appeal is filed, the case shall be returne d to the same status on

the assigned judge's docket that it had prior to referral to arbit ration. Requests for trial must be submitted as

required by local rule.

(2) De novo proceedings. All appeals shall be in the form of de novo proceedings before the

assigned judge. No reference shall be made to any of the arbitr ator's decisions including the award. Neither

the arbitrator nor the court alternatives director shall be permitted to testify about the arbitration proceedings.

Promptly after the notice of appeal is filed and until disposition of the appeal, the court shall seal the award.

(3) Discovery. Any discovery obtained while the case was referred to arbitra tion may be used in the

de novo proceedings.

D. Award of fees, costs and interest against appellant. If the court makes a decision on the merits

which is the same as or less favorable to the appellant than the arbitrator's award, the court shall order that the

appellant pay all other parties' expenses incurred during the appeal including but not limited to reasonable

attorney fees, costs and pre-judgment interest dating from the ar bitration award. The court for good cause

shown may waive this provision; the court shall state the basis for its good cause finding on the record.

[As amended, effective March 1, 1997; as amended by Supreme Court O rder 06-8300-26 effective

January 15, 2007.]

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