N.M. R. Civ. P. Magist. Ct. 2-306

As amended through November 1, 2024

Rule 2-306 - Pretrial conference; scheduling order

A.Pretrial conference. With or without the filing of a motion, the court may order the parties to appear before the court for a pretrial conference to clarify the pleadings and to consider other matters to aid the disposition of the case. Witnesses may not be called or subpoenaed for a pretrial conference unless ordered by the court.

B.Pretrial scheduling order. The court may enter a scheduling order that limits the time:

(1) to join other parties and to amend the pleadings;

(2) to file and hear motions; and

(3) to complete any permitted discovery.

The scheduling order may also include:

(4) the dates for conferences or hearings before trial;

(5) a trial date; and

(6) any other matters deemed appropriate by the court.

N.M. R. Civ. P. Magist. Ct. 2-306

As amended, effective 12/17/2001.

ANNOTATIONS The 2001 amendment, effective December 17, 2001, inserted "scheduling order" in the rule heading and amended this rule to prohibit the calling of witnesses for pretrial conferences unless ordered by the court and added Paragraph B.

For form on notice of pretrial conference, see Rule 4-307 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 62A Am. Jur. 2d Pretrial Conference and Procedure § 12 et seq. Pretrial conference procedures as affecting right to discovery, 161 A.L.R. 1151. Relief from stipulations, 161 A.L.R. 1161. General rule requiring pretrial conference, power of court to adopt, 2 A.L.R.2d 1061. Disclosure, in pretrial proceedings, of trade secret, formula or the like, 17 A.L.R.2d 383. Binding effect of court's order entered after pretrial conference, 22 A.L.R.2d 599. Appealability of order entered in connection with pretrial conference, 95 A.L.R.2d 1361. Failure of party or his attorney to appear at pretrial conference, 55 A.L.R.3d 303. 88 C.J.S. Trial § 17(2).