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

LR2-603. Court-annexed arbitration.

SECTION I: GENERAL PROVISIONS

A. Application. This rule applies to civil cases, whether jury or non-jury, exc ept for cases within the

following categories:

Appeals

Uniform Arbitration Act

Extraordinary writs

Adoption

Commitment

Conservatorship

Guardianship

Probate

Children's Code

Domestic relations

Workers' compensation

Student loan

Driver's license

Election

Tax

B. Court hearings. If a court hearing is required regarding any aspect of arbitra tion prior to referral or

any matter during referral, the court shall set and hear the m atter promptly after the matter is brought to the

attention of the assigned judge by request for hearing or by the court alternatives director.

C. "At issue" required. All cases referred to arbitration must be "at issue" pr ior to referral. For

purposes of this rule, a case is "at issue" when at least one answer to the complaint has been filed. Answers

to cross-claims, counterclaims and third-party complaints need not have been filed. Service on all parties

need not have been made.

SECTION II: MANDATORY REFERRAL

A. Types of cases for mandatory referral. All cases, jury and non-jury, shall be referred to arbitra tion

where no party seeks relief other than a money judgment and no part y seeks an amount in excess of

twenty-five thousand dollars ($25,000.00) from any party or combination of parti es, exclusive of punitive

damages, interest, costs and attorney fees.

B. Mandatory certification. In all cases filed on or after the effective date of thi s rule, any party filing

a complaint, counterclaim, cross-claim, third-party complaint or any other pleading, in which affirmative

relief is requested, shall file and serve concurrently with t he pleading for affirmative relief, a separate

certification indicating whether the party is or is not seeking relief other than a money judgment and whether

the amount sought exceeds or does not exceed twenty-five thousand dollars ($25,000.00 ) exclusive of

punitive damages, interest, costs and attorney fees. The certi fication shall be a good faith attempt to state the

type and amount of relief to be sought at trial and shall not act as a limitation on relief.

C. Review of certification; referral order. Within thirty (30) days after a case is at issue, the court will

review the court file, including the certifications filed, to de termine whether referral to arbitration is

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mandated by Section II(A) of this rule. If so mandated, the c ourt will prepare and file an order referring the

case to arbitration, and mail or deliver endorsed copies of the orde r to all parties entitled to notice. The court

on its own motion may postpone filing a referral order if it appe ars from the court file that the case may be

resolved upon a pending motion for judgment on the pleadings or other pending dis positive motion. If

referral is not mandated, no order will be entered.

D. Failure to file certification. If a party fails to file a certification, the court aft er written notice may

impose an appropriate sanction including but not limited to dismissi ng the party's complaint without

prejudice. The court in its discretion may impose such sanction without hearing.

E. Referral upon motion. At any time after a case is at issue and notwithstanding a ny certifications

filed, upon a party's motion or the court's own motion, the court may ent er an order referring the case to

arbitration provided the court finds that the requirements of Section II(A) are met. The court in its discretion

may enter such an order without hearing.

F. Denial of referral. Notwithstanding a finding that the requirements of Section II(A ) have been met,

at any time prior to referral, upon a party's or the court's own m otion, the court for good cause may deny

referral to arbitration. The court in its discretion may enter such an order without hearing.

SECTION III: PERMISSIVE REFERRAL

Any case may be referred to arbitration where the parties stipulate to arbitration. The court may require

the parties to stipulate to an arbitrator as set forth in Subsection IV(C)(3) of this rule.

SECTION IV: ARBITRATORS

A. Arbitrator pool. The court will maintain a pool from which arbitrators will be appointed. The pool

shall include all active members of the State Bar of New Mexi co who have been licensed to practice law for

five (5) or more years and who are residents of or have an office in Bernalillo County. Other attorneys

licensed for five or more years, including inactive attorneys, out-of-Bernalillo County attorneys and

out-of-state attorneys, may be included in the pool upon written request to the court alternatives director. The

chief judge for good cause may remove an attorney from the arbitrat or pool either temporarily or

permanently. Such removal may be upon the court's own motion and wit hout notice to the attorney, or upon

written request to the court alternatives director. The court will periodically review the pool of arbitrators for

completeness and accuracy, and may require any member of the St ate Bar of New Mexico to submit

information necessary for this purpose. The court will provide writ ten notice to attorneys as they are added

to the pool, either by letter or notice published in the Bar Bulletin.

B. Training. The court may require any attorney who is part of the arbitrat or pool to attend arbitrator

training.

C. Appointment to case. After a case is referred to arbitration, an attorney s hall be appointed as

arbitrator by the filing of a court order upon either random selecti on, court selection or stipulation. With

appointments upon random or court selection, the court will file an order appointing the arbitrator and mail or

deliver endorsed copies to the arbitrator and all parties entitl ed to notice. With stipulations, the parties shall

file the order of appointment.