N.M. 2nd Jud. Dist. Local Court Rule (LR2-603) 5

Vacancies caused by excusal or otherwise shall be filled by appointment of the first of

the remaining three choices or if none remains, by appointment of an attorney selected by the court, or the

parties may stipulate to a replacement as provided in Subsection IV(C)(3).

D. Compensation. The court shall compensate arbitrators in the amount of one hundred dol lars

($100.00) per case. An arbitrator is entitled to compensation when the arbitrator files an award or the

arbitration proceedings are otherwise concluded or when the arbitrat or is excused from appointment. The

arbitrator shall submit a written request for compensation to t he court alternatives director within thirty (30)

days after the arbitrator is entitled to compensation. Failure to submit a request shall be deemed a waiver of

compensation. Arbitrators compensated by the parties pursuant to Subs ection IV(C)(3) shall not be

compensated by the court.

SECTION V: PROCEDURES DURING REFERRAL

A. General.

(1) Court jurisdiction. The assigned judge continues to have jurisdiction over a case during referral

to arbitration. In general, however, the assigned judge should not hea r any matters after an arbitrator is

appointed except the judge may hear the following:

Motions to excuse the arbitrator

Motions to withdraw referral to arbitration

Motions for sanctions pursuant to Subsection V(A)(5)

Motions for free process

Motions regarding attorney representation

Motions to add new parties

Motions to set aside default or any other judgment

Motions to compel settlement

Any post-judgment enforcement and execution matters

Requests for settlement conference pursuant to Second Judicial Dis trict Local Rules, Rule LR2-602

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NMRA.

After a case is referred to arbitration and before an ar bitrator is appointed, the court in its discretion may

vacate any pending hearings on matters which may be heard by the a rbitrator, and may set hearings on

matters needing immediate consideration.

(2) Arbitrator jurisdiction, powers, duties. The arbitrator's jurisdiction begins when the order of

appointment is filed and continues until the arbitrator is excused or until ten (10) days after an award is filed

or until the arbitration proceedings are otherwise concluded, whichever period is shorter. While the arbitrator

has jurisdiction, the arbitrator's decisions shall be considered equiva lent to court orders. The arbitrator may

decide all issues of fact and law unless specifically prohibite d by this rule or court order. The arbitrator shall

consider the efficient, cost-effective and informal resolution of the case as a factor in all the arbitrator's

decisions and in all aspects of the arbitrator's management of the case. The arbitrator may limit discovery

whenever appropriate. The arbitrator may administer oaths. With the exception of contempt, the arbitrator

may enter appropriate sanctions including sanctions pursuant to Rules 1-016, 1-030 and 1-037 NMRA, or any

other Supreme Court rule, sanctions for failure to comply with any of the provisions of this rule, and

sanctions for failure to comply with any of the arbitrator's deci sions. Upon agreement of the parties, the

arbitrator may serve as a mediator or settlement facilitat or. The arbitrator's jurisdiction, powers and duties

may not be delegated. The arbitrator must personally conduct the hearings and trial, and must personally sign

decisions and the award.

(3) Supreme Court and local rules. All Supreme Court rules including rules of civil procedure

(including Rule 1-006 (D) NMRA) and rules of evidence, and all second judicial distri ct local rules, apply

during referral to arbitration unless specifically waived by w ritten court order or the arbitrator. The arbitrator

may waive rules of evidence only upon agreement of the parties.

(4) Good faith participation. All parties shall participate in good faith in the arbitra tion

proceedings. The arbitrator may enter an award of default or of dismissal against any party failing to

participate in good faith or reflect the failure in the awar d. In any such award, the arbitrator shall include a

certification that the party failed to participate in good fait h. The court shall consider such certification when

deciding attorney fees, costs and interest on appeal, or when considering whether to set aside the default.

(5) 120-day deadline; sanction. Within one hundred twenty (120) days after the arbitrator is

appointed, the arbitrator shall file an award unless the arbitra tion proceedings have otherwise been

concluded. Upon a party's, the arbitrator's or the court's own motion, the court for good cause may extend the

one hundred twenty (120) day period. The court in its discretion may ent er such an order without hearing. If

the arbitrator or a party fails to comply with this provision, t he court after written notice may impose an

appropriate sanction including but not limited to requiring the arbitr ator or party to pay a penalty into the

second judicial district arbitration fund.