New Mexico Forms Library
Decision Information
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 566 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 447 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 364 documents
Decision Content
9-418. Scheduling order.
[For use with Magistrate Court Rule 6-505 NMRA,
Metropolitan Court Rule 7-505 NMRA and
Municipal Court Rule 8-505 NMRA]
STATE OF NEW MEXICO
[COUNTY OF ___________________]
[CITY OF _______________________]
__________________ COURT
No. _________
[STATE OF NEW MEXICO]
[CITY OF _______________________]
v.
__________________________________________, Defendant
SCHEDULING ORDER1
The parties shall comply with the following scheduling order:
1. Motions must be filed by ________________________ (date)2.
2. Discovery must be completed by __________________ (date).
3. The prosecution shall disclose to the defendant its witnesses and the names, addresses and telephone numbers of its witnesses by __________________ (date).
4. The defendant shall disclose to the prosecution the names, addresses and telephone numbers of the defendant's witnesses by __________________ (date).
5. The prosecution shall disclose and make available for inspection, copying and photographing its exhibits to defendant no later than __________________ (date).
6. The defendant shall disclose and make available for inspection, copying and photographing its exhibits to the prosecution no later than __________________ (date).
7. [The parties shall submit their proposed initial jury instructions to the court by __________________ (date).]3
8. Any party may request a pretrial conference by filing a written request stating the purpose of the conference.
9. If this case is dismissed or if the parties have agreed on a plea or proposed disposition, the parties shall promptly advise the court.
10. A pretrial conference is scheduled for this case on __________________ (date).
11. A motion hearing will be held on __________________ (date).
[12. This matter is set for [jury] [non-jury] trial on __________________ (date).]4
When this order states that a document shall be disclosed by a certain date, that means that it must be received by the recipient by that date.
If it is brought to the attention of the court that a party has failed to comply with this order, the court may: order such party to permit the discovery or inspection of materials not previously disclosed; grant a continuance; prohibit the party from calling a witness not disclosed; prohibit the party from introducing in evidence the material not disclosed; or enter such other order as it deems appropriate under the circumstances, including but not limited to holding an attorney or party in contempt of court.
Failure to comply with any provision of this order may result in a finding of contempt of court and punished by fine or imprisonment.
___________________________________
Judge
___________________________________
Date of Signature
USE NOTES
1. Use of this form is in the discretion of the judge. This form may be modified as appropriate by the judge. For example, the court may want to require settlement conferences or pretrial conferences or may schedule docket calls. Dates should be in consecutive order.
2. Dates should be calendar dates, not "________ days after entry of this order", or "________ days before trial".
3. This paragraph may be used only if a party is represented by an attorney. The parties may submit additional instructions at the close of the evidence.
4. This paragraph and Paragraph 7 have been included for use in the magistrate and metropolitan court if the trial is by jury.
[Approved, effective December 17, 2001.]