LR3-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 RESPONSIVE PLEADINGS

IT IS ORDERED:

            A.         Plaintiff shall serve a copy of this order on each defendant with the summons and complaint and file a certificate of such service. Parties other than plaintiffs who assert claims against others who have not been served with this order shall serve a copy of this order on those against whom they assert claims with the pleading asserting such claims and shall file a certificate of such service.

            B.         Sixty (60) days after the complaint is filed, parties of record shall file a scheduling report with copies to opposing parties and the assigned judge. Parties shall confer and are encouraged to file a Joint Scheduling Report, LR3-Form 2.12 NMRA for Track A or LR3-Form 2.13 for Tracks B and C, (See Appendix to these local rules for all forms) or, if they cannot agree, file an individual Scheduling Report, LR3-Form 2.13 NMRA.

            C.         Any party who enters the case more than sixty (60) days after the filing of the 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 initial pleading, the party making claims against the absent parties (Plaintiff for Defendants, Third-Party Plaintiffs for Third Party Defendants, etc.) shall, within five (5) business days after the 60th day, file and serve parties of record and deliver to the assigned judge, a written explanation following LR3-Form 2.14 NMRA, "Delay in Putting the Matter at Issue".

            E.         Counsel or parties who do not have attorneys may not stipulate to an enlargement of time greater than fourteen (14) days for the filing of a responsive pleading without a motion and order. The motion shall state with particularity the reason an enlargement is in the best interests of the parties. A copy of the motion and stipulation shall be delivered to all parties as well as counsel. The enlargement requested shall be for a specified time.

            F.         When all parties have been joined and the case is at issue, the parties shall immediately notify in writing the assigned judge and the alternative dispute resolution coordinator.

            G.         If appropriate, the court will refer this matter to settlement facilitation under Part VII of the Local Rules of the Third Judicial District Court.

            H.         For cases subject to arbitration under Local Rule LR3-706 NMRA, the parties may file a written stipulation to waive facilitation with a copy to the ADR coordinator and the assigned judge within sixty (60) days after the complaint has been filed 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 motion for relief from facilitation.

            I.          Within seventy-five (75) days from the date the Complaint was filed, or fifteen (15) days after the case is at issue if LR3-Form 2.14 NMRA has been filed, the parties 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 to Paragraph F of Rule 1-016 NMRA.

                        (3)       In the absence of a stipulated discovery plan or a timely request from a party for a hearing to establish a discovery plan, the following discovery plan shall go 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 medical release authorization advocating that party's proposed form to the court. A copy of the memorandum and proposed form shall be delivered to the assigned judge. Rule 1-007.1 NMRA shall apply.

            J.         Pursuant to Rule 1-026(E) NMRA, parties shall seasonably supplement discovery 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.]