New Mexico > Local District Court > 3rd Judicial District > Dona Ana County
Order Requiring Scheduling Reports And Discovery Plan And Limited Stipulations To Enlarge Time 2.15 - New Mexico
| Order Requiring Scheduling Reports And Discovery Plan And Limited Stipulations To Enlarge Time Form. This is a New Mexico form and can be used in Dona Ana County 3rd Judicial District Local District Court . |
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Third Judicial District Supreme Court ApprovedLR3-Form 2.15 August 6, 2004LR3-FORM 2.15 STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT No. CV-__________________________________________ Plaintiff v. ________________________________ Defendant ORDER REQUIRING SCHEDULING REPORTS AND A DISCOVERY PLAN AND LIMITING STIPULATIONS TO ENLARGE TIME FOR RES PONSIVE PLEA DINGS IT IS ORDERED: A. Plaintiff shall serve a copy of this order on each defendant with thesummons and complaint and file a certificate of such service. Parties other than plaintiffswho assert claims against others who have not been served with this order shall serve acopy of this order on those against whom they assert claims with the pleading assertingsuch claims and shall file a certificate of such service. B. Sixty (60) days after the complaint is filed, parties of record shall file ascheduling report with copies to opposing parties and the assigned judge. Parties shallconfer and are encouraged to file a Joint Scheduling Report, LR3-Form 2.12 NMRA forTrack A or LR3-Form 2.13 for Tracks B and C, (See Appendix to these local rules for allforms) or, if they cannot agree, file an individual Scheduling Report, LR3-Form 2.13NMRA. C. Any party who enters the case more than sixty (60) days after the filing ofthe complaint shall file a scheduling report within ten (10) days. D. If all parties are not of record within sixty (60) days of filing the initialpleading, the party making claims against the absent parties (Plaintiff for Defendants,Third-Party Plaintiffs for Third Party Defendants, etc.) shall, within five (5) businessdays after the 60th day, file and serve parties of record and deliver to the assigned judge, awritten explanation following LR3-Form 2.14 NMRA, "Delay in Putting the Matter atIssue". E. Counsel or parties who do not have attorneys may not stipulate to anenlargement of time greater than fourteen (14) days for the filing of a responsive pleadingwithout a motion and order. The motion shall state with particularity the reason anenlargement is in the best interests of the parties. A copy of the motion and stipulationshall be delivered to all parties as well as counsel. The enlargement requested shall be fora specified time. F. When all parties have been joined and the case is at issue, the parties shallimmediately notify in writing the assigned judge and the alternative dispute resolutioncoordinator. <<<<<<<<<********>>>>>>>>>>>>> 2Third Judicial District Supreme Court ApprovedLR3-Form 2.15 August 6, 2004 G. If appropriate, the court will refer this matter to settlement facilitationunder Part VII of the Local Rules of the Third Judicial District Court. H. For cases subject to arbitration under Local Rule LR3-706 NMRA, theparties may file a written stipulation to waive facilitation with a copy to the ADRcoordinator and the assigned judge within sixty (60) days after the complaint has beenfiled or ten (10) days after all parties are joined if LR3-Form 2.14 NMRA has been filed. If the parties cannot stipulate, the party seeking waiver of facilitation may file a motionfor relief from facilitation. I. Within seventy-five (75) days from the date the Complaint was filed, orfifteen (15) days after the case is at issue if LR3-Form 2.14 NMRA has been filed, theparties shall either: (1) stipulate to a discovery plan and file the stipulation with the court,or (2) request a hearing to establish a discovery plan pursuant toParagraph F of Rule 1-016 NMRA. (3) In the absence of a stipulated discovery plan or a timely requestfrom a party for a hearing to establish a discovery plan, the following discovery plan shallgo into effect: Within one-hundred (100) days after the complaint was filed or fifteen (15) days after a party has entered the suit, whichever is the later date, each party shall provide to all other parties: a. The name and, if known, the address and telephone number of each individual likely to have discoverable information relevant to disputed issues raised by the pleadings, identifying the subjects of the information; b. A copy of, or a description by category and location of, all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to disputed issues raised by the pleadings; c. A computation of any category of damages claimed by the disclosing party, providing copies or making available for inspection and copying the documents or other evidentiary materials and medical records and opinions, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; d. For inspection and copying, any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. e. If the medical condition of a party is at issue, such party shall give a medical release authorization to opposing parties. The parties shall confer regarding the nature and extent of the release and stipulate if possible. If the parties cannot agree, each party shall file a memorandum with a proposed 2 <<<<<<<<<********>>>>>>>>>>>>> 3Third Judicial District Supreme Court ApprovedLR3-Form 2.15 August 6, 2004 medical release authorization advocating that partys proposed form to the court. A copy of the memorandum and proposed form shall be delivered to the assigned judge. Rule 1-007.1 NMR A shall apply. J. Pursuant to Rule 1-026(E) NMRA, parties shall seasonably supplementdiscovery required in subparagraphs (3)(a) through (e) of Paragraph I of this order. ____________________________ District Judge USE NOTE This form may be modified by the court, as appropriate, in an individual case. [Effective October 24, 2000 until October 24, 2004; approved, effective August 6, 2004.] 3
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