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;(6) motions for directed verdict, mistrial and the like shall be made and argued in the absence of the jury.N.M. R. Civ. P. Dist. Ct. 1-040
As amended, effective 1/1/1990. For docketing preference for appeals from municipal assessments, see Section 3-33-35 NMSA 1978. For advancement on the calendar of cases for reinstatement in employment for veterans, see Section 28-15-3 NMSA 1978. For preference given to review of decisions of the board of review of the Human Services Department, see Section 51-1-8 NMSA 1978. For preference given to actions involving the Public Service Commission, see Section 62-12-3 NMSA 1978. For appeal of decisions of the Oil Conservation Commission, see Section 70-2-25 NMSA 1978. For hearing of objection to establishment of artesian conservancy district as an advanced cause, see Section 73-1-10 NMSA 1978. For advancement of cases questioning appraisals of conservancy districts, see Section 73-15-7 NMSA 1978. For advancement of cases questioning validity of organization on proceedings of water and sanitation districts, see Section 73-21-33 NMSA 1978. Compiler's notes. - This rule, together with Rules 1-020, 1-041, and 1-045 NMRA is deemed to supersede 105-807, C.S. 1929, relating to order of docketing and trial, 105-819, C.S. 1929, relating to bringing cases to trial in the absence of a party and 105-820, C.S. 1929, relating to advancing causes for trial. Also, together with Rule 1-038, this rule is deemed to have superseded 105-814, C.S. 1929, relating to docket call. Also, together with Rule 1-006, this rule is deemed to have superseded 105-802, C.S. 1929, relating to time of hearing. Also, as to the order of proceedings in trials and matters relating to juries, opening statements, introduction of evidence, motions and arguments, this rule replaces Laws 1880, ch. 6, §20, compiled as § 21-8-18 NMSA 1953, repealed by Laws 1973, ch. 183, §1. Am. Jur. 2d, A.L.R. and C.J.S. references. - 75 Am. Jur. 2d Trial §76 et seq. Propriety of trial court order limiting time for opening or closing argument in civil case -state cases, 71 A.L.R.4th 130. Order of closing arguments in federal civil trials, 53 A.L.R. Fed. 900. 88 C.J.S. Trial §§ 18 to 35.