§ RULE 1-040. ASSIGNMENT OF CASES FOR TRIAL AND ORDER OF TRIAL

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 6 > RULE 1-040.

RULE 1-040. ASSIGNMENT OF CASES FOR TRIAL AND ORDER OF TRIAL

A. Assignment for Trial. The district courts shall set cases for trial in accordance with the provisions of Rule 1-016. For purposes of these rules, a case is set for trial if the case is set on a trailing calendar, provided that no trailing calendar shall include any case the trial of which is unlikely to commence within two (2) weeks after the first case scheduled for trial on such calendar.

B. Certificate of Readiness. Unless a pretrial scheduling order is entered, any party may submit a request for trial on the merits stating that the case is ready for trial and the amount of time needed for the trial of the case. Any party who does not agree that the case is ready for trial shall, within ten (10) days from the service of the request for trial, file a response setting forth why the case is not ready for trial and when such case will be ready for trial. The district court shall give reasonable notice of the dates, times and places of settings by mail to counsel of record and parties appearing pro se.

C. Order of Trial. The order of proceeding in trials, unless otherwise directed by the court, shall be as follows:

(1) selection and qualification of a jury, if required;

(2) opening statements, subject to the right to defer as hereinafter set out. The first opening statement shall be made by the party having the burden of first proceeding with the introduction of evidence. The opening statement by any other party may be deferred until immediately before the party is to proceed with the introduction of that party's evidence and, unless so deferred, opening statements by other parties shall be made in such order as the court shall direct;

(3) introduction of evidence. The order of introduction of evidence on any issue normally shall be first, evidence in chief of the party having the burden of proceeding, second, evidence in response, and third, rebuttal evidence. The court may, in its discretion, permit any party to introduce additional evidence. With permission of the court witnesses may be called and evidence introduced out of order. Only one counsel on a side may examine or cross-examine the same witness unless otherwise ordered by the court;

(4) instructions to the jury in causes tried before a jury;

(5) argument;

(6) motions for directed verdict, mistrial and the like shall be made and argued in the absence of the jury.