4-506

[2-306, 3-306]

STATE OF NEW MEXICO
COUNTY OF ______________________
____________________ COURT

___________________________________,
Plaintiff

v.

No. _________

___________________________________,
Defendant

SCHEDULING ORDER1

    The parties shall comply with the following scheduling order:
1.    Motions to amend the pleadings or to join parties must be filed by ____________________ (date)2.
2.    Motions addressed to the pleadings must be filed by ____________________ (date).
3.    Any permitted discovery must be completed by ____________________ (date).
4.    All motions must be filed by ____________________ (date).
5.    The plaintiff shall disclose to the defendant a witness list including the names, addresses and telephone numbers of their witnesses along with a summary of the testimony of each witness by ____________________ (date).
6.    The defendant shall disclose to the plaintiff a witness

list including the names, addresses and telephone numbers of their witnesses along with a summary of the testimony of each witness by ____________________ (date).
7.    The plaintiff shall make all of plaintiff's exhibits available to each defendant for inspection or copying no later than ____________________ (date).
8.    The defendant shall make all of defendant's exhibits available to each plaintiff for inspection or copying no later than ____________________ (date).
9.    [Proposed jury instructions shall be submitted to the court by ____________________ (date).]3
    [Proposed findings of fact and conclusions of law shall be submitted to the court by ____________________ (date).]
10.    Any party may request a pretrial conference by filing a written request stating the purpose of the conference. The parties shall advise the court promptly if the case is settled.
    [A settlement conference is scheduled on _________________ (date).]
    [A motion hearing will be held on ___________________ (date).]
    [A pretrial conference will be held on __________________ (date).]

    When this order states that a document shall be submitted by a certain date, it must be received by the recipient by that date. Dates may be changed only by the court.
    This matter is set for [jury] [non-jury] trial on ____________________ (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 NOTE

    1.    This form may be adapted to local practice. For example, the court may want to require settlement conferences or pretrial conferences, or may schedule docket calls, etc. Dates should be in

consecutive order.

    2.    Dates should be calendar dates, not "___ days after entry of this order", or "___ days before trial".

    3.    The alternatives in this paragraph may be used only if a party is represented by an attorney.

[Approved, effective December 17, 2001.]