New Mexico Sample Letter for Information on Pretrial Conference
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How to fill out Sample Letter For Information On Pretrial Conference?
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- A Rule 1-068 offer is irrevocable during the ten-day period provided by the rule, and a plaintiff can accept the offer any time during the period, regardless of whether the plaintiff has made a counteroffer to try to obtain a more favorable settlement. Shelton v. Sloan, 1999-NMCA-048, 127 N.M. 92, 977 P. 2d 1012.
Local rule exemption to Rule 1-016(B) of the Rules of Civil Procedure for the District Courts; pretrial scheduling. All civil non-jury cases shall be exempt from any pretrial scheduling unless one of the attorneys involved files a request for scheduling of the case or the judge orders a scheduling conference.
Dismissal for failure to prosecute. Any action pending for six (6) months from the date the complaint is filed, in which the plaintiff or defendant asserting a counterclaim has failed to take all available steps to bring the matter to trial, shall be dismissed without prejudice.
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.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
A Pretrial Conference is a short hearing where the Judge informs the parties of the steps necessary to get ready for Trial. The Pretrial Conference is not a Trial. The Court does not accept testimony or evidence.
At the PTC, you are entitled to review a copy of the complaint(s), any written police reports, accident reports, and any other evidence that the State intends to use at the trial. Witnesses do not attend the pre-trial conference, and no testimony is taken.
The purpose of the pre-trial conference is to let the judge know what the issues are and how long each side needs to try the case. The pre-trial conference is premature if it is held before the parties are ready, or at least almost ready to go to trial.
