New Mexico Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

Pretrial Conference. On its own, or on a party's motion, the court may hold one or more pretrial conferences to promote a fair and expeditious trial. When a conference ends, the court must prepare and file a memorandum of any matters agreed to during the conference.

The purpose of a motion to dismiss for failure to state a claim for relief is to test the legal sufficiency of the claim, not the facts that support it, and the possibility of recovery based on a state of facts provable under the claims bars dismissal. Trujillo v. Berry, 1987-NMCA-072, 106 N.M. 86, 738 P.

ARRAIGNMENT AND BOND HEARING Typically, your arraignment will take place on the same day you are arrested. During the arraignment, your charges will be read and you will be given the opportunity to enter a plea of guilty or not guilty.

During the pretrial conference, the judge will want to meet with both plaintiff's and defense counsel prior to the start of the case to address issues such as the potential for settlement, exhibits to be offered, witness testimony, including expert witnesses, and whether there are any pretrial motions which need to be ...

Materials to be Filed: The Pre-Trial Conference Brief The memorandum filed by each side should explain what the case is about, summarize the key evidence supporting each side's case, and potentially include reference to applicable case law if the case involves complicated legal issues.

A TRC is a hearing where the attorneys appear in court, exchange discovery (information about the case), and may try to negotiate a disposition of the case. If the attorneys cannot agree to a guilty plea they set a trial date. A TRC could take place several times prior to trial.

trial conference is a meeting between a judge of the Superior Court of Justice, a Crown Attorney, lawyers for accused persons, or the person charged when they are not represented by a lawyer. The conferences are required under the Criminal Code and the Court's Criminal Proceedings Rules.

Parties may obtain discovery of any information, not privileged, which is relevant to the subject matter involved in the pending action. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

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New Mexico Matters that Should be Included in Pretrial Conference Order or Pretrial Order