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STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT
Plaintiff,
v. Case No. D-101-CV-
,
Defendants.
RULE 16(B) SCHEDULING ORDER
JURY
Pursuant to Rule 1-016(B), NMRA, the Court herewith establishes the following
schedule governing this case:
1. MEDIATION/SETTLEMENT CONFERENCE DEADLINE. The parties shall
conduct a mediation or settlement conference on or before (6 months before trial , put in date ),
unless the parties have already completed a mediation or settlement conference. This deadline
will only be extended by Court Order for truly exceptional circumstances. Counsel shall
complete the discovery necessary for good faith settlement discussions in advance of the
mediation or settlement conference. Counsel shall either file a Request for Referral to
Settlement Conference or a referral to a qualified settlement facilitator through the Court’s
Alternative Dispute Resolution (“ADR”) Program, or they may make their own arrangements for
a private mediator or settlement facilitator. An information sheet with directions for using the
Court’s ADR Program is attached. Within five days of the mediation or settlement conference,
counsel or the mediator/settlement facilitator shall file a Certificate of Compliance to report on
the outcome of the settlement conference.
In this case, the Parties have already stipulated to ___________________, as the
mediator in the case.
Unless otherwise agreed to or unless otherwise ordered by the Court, the Settlement
Facilitator’s or Mediator’s fee shall be paid by the parties in equal shares. The following persons
shall attend the settlement conference, either in person or telephonically: each party of record
including parties represented by counsel; each counsel of record who will be trying the case; for
each party, the person or persons with complete authority to settle the case. Persons who do not
reside or maintain a business office in New Mexico may attend the settlement conference
telephonically; all other persons shall attend the settlement conference in person unless different
arrangements are established by the settlement referee or mediator with the approval of the court;
in any event, all individuals with full settlement authority shall attend the settlement conference.
2. JOINDER OF PARTIES. Additional parties shall not be joined unless otherwise
ordered by the Court. If additional parties are joined, such joinder must occur in a sufficiently
timely manner so that the Mediation/Settlement Conference deadline and trial setting are not
affected.
3. AMENDMENT OF PLEADINGS. Motions to Amend the Complaint or Answer
shall be filed within 60 days from entry of of this Order, unless otherwise ordered by the
Court.
4. MOTIONS. All motions addressed to the pleadings (e.g. motions under Rule 1-
012(B), (D), (E), or (F) NMRA) shall be filed within eight (8) weeks of the date of entry of
this Order, unless otherwise ordered by the Court.
Motions for Summary Judgment pursuant to Rule 1-056 NMRA and motions to exclude
expert testimony, including Daubert-Alberico motions, shall be filed no later than four months
before trial unless otherwise ordered by the Court. All motions will be submitted to the Court
via email to sfeddiv10proposedtxt@nmcourts.gov pursuant to the motion package rule in
L.R. 1-201(D).
5. MOTIONS IN LIMINE. Motions in limine, except for Daubert/Alberico motions
shall be filed on or before six weeks before Docket Call. Responses must be filed four weeks
before the Docket Call. No reply briefs are required, and movant must submit the package to
the Court four weeks before the Docket Call. Counsel are reminded that motions in limine are
not to be used for matters which are properly addressed in motions for summary judgment or
motions to exclude expert testimony. Motions in Limine are to address specific items of
evidence or argument, not general propositions.
6. DISCOVERY. The time to complete discovery ends [4 months before trial], unless
otherwise ordered by the Court. Discovery requests shall be served in sufficient time to allow
response before the close of the discovery period. Motions to compel are due no later than five
business days after the close of discovery. Counsel may not by agreement extend this due date.
Failure to provide the motion package on motions to compel within 30 days of the discovery
deadline set forth herein may result in the trial setting being vacated.
7. WITNESSES. The parties shall file a list of expert witnesses expected to testify at
trial on or before the dates set forth below:
Plaintiff’s expert(s) – [7 Months before trial, put in date]
Defendant’s Experts – [6 months before trial, put in date]
At the time the expert witnesses are identified, the party presenting the expert witness
shall provide to all other parties the following: 1) a current curriculum vita of the expert; 2) a
written summary of the opinions and the bases therefor that the expert will present at trial; 3)
any written reports that have been prepared by the expert AND 4) a list of dates the expert will
be available for deposition.
No later than 7 days after the latest date designated for disclosure of expert witnesses
herein, all counsel who are expected to participate at trial shall conduct a telephonic conference
for the purpose of scheduling all depositions yet to be scheduled in this matter.
The parties shall file a list of all non-expert witnesses expected to testify on or before [4
months before docket call, put in date].
The parties shall file a final list of witnesses expected to testify at trial no later than [six
(6) weeks before Docket Call, put in date]. Witnesses should be listed as may-call or will-call
witnesses. All witnesses should be listed except for rebuttal witnesses, the need for whose
testimony cannot reasonably be anticipated.
8. EXHIBITS. The parties shall file a list of all exhibits expected to be submitted at trial
no later than [four (4) weeks before Docket Call, put in date]. The parties shall provide four
(4) binders with all trial exhibits to the Court on the date of trial. Parties will file and
present a copy to the Court of an exhibit list that contains the exhibits numbered as they will be
introduced at trial, identified by name or description, and with three columns to indicate
“tendered,” “admitted,” “objection.” Plaintiff will number exhibits Plaintiff’s Exhibit P - #;
Defendant will number exhibits Defendant’s Exhibit D - # (Defendant will not use letters). If
there are more than one party per side, then each party will number exhibits with the first letter
of the lead party on that side, e.g. if there are two plaintiffs – Brown and Martinez – Brown’s
exhibits will be marked: Plaintiff’s Exhibit B - # and Martinez’s exhibits will be marked
Plaintiff’s Exhibit M - #. Within five working days of service of a party’s exhibit list, any
party objecting to authenticity shall file written notice of objection.
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