New Mexico State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

New Mexico District Court

IMPORTANT PRACTICE NOTES FOR NEW MEXICO PRACTITIONERS

Governing Rule: Rule 1-006(B) NMRA governs enlargement of time in New Mexico district courts. The rule provides two distinct pathways:

1. Before Deadline Expiration: The court may, "for cause shown," extend time with or without motion or notice, provided the request is made before the original period (or any extension) expires.

2. After Deadline Expiration: The court may permit the act only "on motion made after the expiration of the specified period" where the failure to act was the result of "excusable neglect."

Non-Extendable Deadlines: Rule 1-006(B) NMRA expressly prohibits extensions of time under Rules 1-050, 1-052, 1-059, 1-060, 1-062, and 12-201 NMRA, except to the extent and under the conditions stated in those rules.

Additional Time After Service: Under Rule 1-006(D) NMRA, when a party must act within a specified time after service, and service is made by mail, facsimile, electronic transmission, or deposit at a designated court facility location, three (3) additional days are added to the response period.

Motion Practice: Rule 1-007.1 NMRA governs motion practice in New Mexico district courts, including formatting and briefing requirements.

Electronic Filing: New Mexico uses the Odyssey File & Serve (formerly New Mexico File & Serve) electronic filing system. All filings must comply with the court's electronic filing requirements.

Judicial District Variations: New Mexico has 13 judicial districts. Local rules may impose additional requirements for extension motions. Always consult the applicable local rules for the judicial district in which your case is pending.

CAPTION

STATE OF NEW MEXICO
COUNTY OF [________________________________]

IN THE DISTRICT COURT
[________________________________] JUDICIAL DISTRICT

No. [________________________________]

[________________________________],
          Plaintiff,

     v.

[________________________________],
          Defendant.

MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Court pursuant to Rule 1-006(B) NMRA for an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states as follows:

I. INTRODUCTION AND PROCEDURAL HISTORY

1. This civil action was filed on [__/__/____] in the [________________________________] Judicial District Court, County of [________________________________].

2. The matter is assigned to the Honorable [________________________________], District Judge, Division [____].

3. The Court's [☐ Scheduling Order / ☐ Case Management Order / ☐ Other Order] entered on [__/__/____] established a deadline of [__/__/____] for [________________________________].

4. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

5. Trial is currently set for [__/__/____]. The requested extension will not affect the trial date or other critical deadlines.

II. IDENTIFICATION OF DEADLINE SOUGHT TO BE EXTENDED

6. Movant seeks an extension of the following deadline:

III. GROUNDS FOR EXTENSION

7. The extension is necessitated by the following circumstances (check all that apply):

☐ Volume and complexity of discovery requiring additional review and analysis

☐ Recent production of documents by opposing party or third party necessitating review

☐ Expert witness scheduling conflicts or need for supplemental expert evaluation

☐ Complexity of legal issues requiring additional research and briefing

☐ Illness, medical emergency, or unavailability of counsel, party, or key witness

☐ Ongoing mediation or settlement discussions that may render the filing moot

☐ Need for coordination among multiple parties or co-counsel

☐ Newly discovered evidence or facts requiring investigation

☐ Court scheduling conflict or continuance of related hearing

☐ Substitution of counsel or addition of new counsel requiring preparation time

☐ Delays in third-party subpoena compliance or records production

☐ Inclement weather, natural disaster, or other force majeure event

☐ Other: [________________________________]

8. Detailed factual basis: [________________________________]

IV. CAUSE SHOWN / EXCUSABLE NEGLECT

A. Pre-Expiration Request (Cause Shown Standard — Rule 1-006(B)(1) NMRA)

9. Movant demonstrates cause for enlargement as follows:

a. Specific Circumstances: [________________________________]

b. Diligence: Movant and counsel have diligently worked toward meeting the current deadline, including:

(i) [________________________________]

(ii) [________________________________]

(iii) [________________________________]

c. Unforeseen Developments: The need for additional time arose due to circumstances that were not reasonably foreseeable when the deadline was established, specifically: [________________________________]

d. Shortest Extension Necessary: The proposed extension of [____] days represents the minimum additional time necessary to [________________________________].

B. Post-Expiration Request (Excusable Neglect Standard — Rule 1-006(B)(2) NMRA)

10. If the deadline has already expired, Movant demonstrates excusable neglect as follows:

a. Reason for Failure to Act: [________________________________]

b. Duration of Delay: The deadline expired on [__/__/____], [____] days ago.

c. Absence of Bad Faith: The failure to comply was not the result of bad faith, willful disregard, or intentional delay, but rather: [________________________________]

d. Prejudice Analysis: The delay has not caused material prejudice to the opposing party because: [________________________________]

e. Meritorious Position: Movant maintains a meritorious [☐ claim / ☐ defense], as evidenced by: [________________________________]

f. Prompt Action Upon Discovery: Upon discovering the missed deadline, Movant immediately [________________________________].

V. ABSENCE OF PREJUDICE TO OPPOSING PARTY

11. The requested extension will not cause unfair prejudice to [________________________________] ("Non-Movant") because:

a. ☐ The trial date of [__/__/____] will remain unaffected.

b. ☐ No other scheduling order deadlines will require modification.

c. ☐ Non-Movant's case preparation will not be impaired or delayed.

d. ☐ No depositions, hearings, or other proceedings will need to be rescheduled.

e. ☐ The extension sought is brief ([____] days) and proportionate to the need.

f. ☐ Non-Movant has indicated [☐ consent / ☐ no objection] to the extension.

g. ☐ Non-Movant will have adequate time to respond to any filing made under the extended deadline.

h. ☐ Other: [________________________________]

VI. PRIOR EXTENSION REQUESTS

12. Movant provides the following disclosure of prior extension requests in this case:

☐ No prior extensions have been requested by Movant for any deadline.

☐ Prior extensions have been requested as follows:

VII. CONFERRAL WITH OPPOSING COUNSEL

13. Movant's counsel has conferred (or attempted to confer) with opposing counsel regarding this motion:

☐ On [__/__/____], Movant's counsel [☐ spoke with / ☐ emailed / ☐ met with] opposing counsel [________________________________]. Opposing counsel [☐ consents / ☐ does not oppose / ☐ opposes] the requested extension.

☐ Movant's counsel made diligent efforts to confer with opposing counsel on [__/__/____] and [__/__/____] by [________________________________], but was unable to obtain a response. Documentation of conferral attempts is attached as Exhibit [____].

☐ Opposing party is self-represented. Movant communicated the substance of this motion to the opposing party on [__/__/____] by [________________________________].

14. If opposing counsel opposes, the stated grounds are: [________________________________]

15. Movant's response to the opposition: [________________________________]

VIII. PROPOSED MODIFIED SCHEDULE

16. Movant proposes the following schedule accommodating the extension:

IX. LEGAL AUTHORITY

17. Rule 1-006(B) NMRA provides:

"When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) on motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect."

18. New Mexico courts have recognized that the rules of civil procedure are to be construed to "secure the just, speedy, and inexpensive determination of every action." Rule 1-001 NMRA. Extensions of time that serve this purpose and cause no prejudice to the opposing party are routinely granted when good cause is demonstrated.

19. The New Mexico Supreme Court has held that excusable neglect determinations require consideration of the totality of the circumstances, including the danger of prejudice to the non-movant, the length of the delay and its potential impact on judicial proceedings, the reason for the delay, and whether the movant acted in good faith. See Lujan v. City of Albuquerque, 2003-NMCA-104.

20. Under Rule 1-016 NMRA, the court has broad authority to manage the case schedule, including modifying previously established deadlines upon a showing of good cause.

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

a. Enter an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

b. Modify the scheduling order as proposed in Section VIII above, if applicable;

c. Grant such other and further relief as the Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________________________], New Mexico [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    New Mexico Bar No. [________________________________]
    Attorney for [☐ Plaintiff / ☐ Defendant]
    [________________________________]

Dated: [__/__/____]

AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION

STATE OF NEW MEXICO )
COUNTY OF [________________________________] ) ss.

I, [________________________________], being first duly sworn upon oath, depose and state:

1. I am a member of the State Bar of New Mexico, Bar No. [________________________________], and counsel of record for [________________________________] in this action.

2. The facts stated in the foregoing Motion for Extension of Time are true and correct based on my personal knowledge, information, and belief.

3. I have personally reviewed the applicable deadlines and the current scheduling order in this case.

4. The extension is sought in good faith and not for the purpose of causing unnecessary delay or obtaining unfair tactical advantage.

5. The conferral efforts described in Section VII of this Motion are accurate.

6. [Additional supporting facts: ________________________________]

________________________________________
[________________________________]
New Mexico Bar No. [________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of
[________________________________], 20[____].

________________________________________
Notary Public
My Commission Expires: [__/__/____]

PROPOSED ORDER

STATE OF NEW MEXICO
COUNTY OF [________________________________]

IN THE DISTRICT COURT
[________________________________] JUDICIAL DISTRICT

No. [________________________________]

[________________________________],
          Plaintiff,

     v.

[________________________________],
          Defendant.


         ORDER ON MOTION FOR EXTENSION OF TIME

     THIS MATTER having come before the Court on Movant's Motion
for Extension of Time, filed [__/__/____], and the Court having
reviewed the motion and any response thereto, and being fully
advised in the premises;

     THE COURT FINDS:

     ☐ Good cause has been demonstrated for the requested extension.
     ☐ Excusable neglect has been established for the late-filed request.
     ☐ No prejudice will result to the opposing party.
     ☐ The extension will not disrupt the trial schedule or case
       management order.

     IT IS THEREFORE ORDERED:

     1. Movant's Motion for Extension of Time is ☐ GRANTED / ☐ DENIED.

     2. The deadline for [________________________________] is hereby
        extended from [__/__/____] to [__/__/____].

     3. All other deadlines set forth in the Court's Scheduling Order
        dated [__/__/____] remain in full force and effect unless
        otherwise modified herein.

     4. ☐ The following additional modifications are ordered:
        [________________________________]

     SO ORDERED this _______ day of __________________________, 20_____.


     ________________________________________
     Honorable [________________________________]
     District Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME and PROPOSED ORDER was filed with the Clerk of the District Court and served upon all parties and counsel of record as follows:

Method of Filing: ☐ New Mexico Odyssey File & Serve

Parties Served:

Service was made in accordance with Rule 1-005 NMRA.

________________________________________
[________________________________]
New Mexico Bar No. [________________________________]

PRACTICE GUIDANCE FOR NEW MEXICO EXTENSION MOTIONS

Timing and Filing

• File the motion before the deadline expires whenever possible. The "cause shown" standard is significantly easier to satisfy than "excusable neglect."
• Under Rule 1-006(D) NMRA, if you were served by mail, fax, or electronic transmission, you may have an additional 3 days beyond the stated response period.
• Check local rules for the applicable judicial district — some districts have specific briefing schedules and page limitations for motions.

Conferral Requirements

• While Rule 1-006(B) does not mandate conferral, many New Mexico judicial districts require good-faith conferral before filing non-dispositive motions.
• Document all conferral efforts carefully, including dates, times, methods, and outcomes.

Good Cause Considerations

New Mexico courts evaluate:

• The specific reason the extension is needed
• Whether the movant acted diligently
• The length of the requested extension
• Whether the opposing party will be prejudiced
• The impact on the case schedule and trial date
• Whether prior extensions have been granted

E-Filing Specifics

• New Mexico district courts use Odyssey File & Serve for electronic filing
• Upload the proposed order as a separate document
• Verify the correct cause number and division before filing
• Service through File & Serve satisfies electronic service requirements under Rule 1-005 NMRA

Judicial District Local Rules

New Mexico has 13 judicial districts, each with potentially different local rules regarding motion practice. Key districts include:

• First Judicial District (Santa Fe, Rio Arriba, Los Alamos)
• Second Judicial District (Bernalillo — Albuquerque)
• Third Judicial District (Dona Ana — Las Cruces)
• Thirteenth Judicial District (Sandoval, Valencia, Cibola)

Always consult the applicable local rules before filing.

Sources and References

• Rule 1-006 NMRA — Time (Approved November 1, 2024)
• New Mexico Rules of Civil Procedure — NMCourts.gov
• Lujan v. City of Albuquerque, 2003-NMCA-104
• New Mexico Judicial Branch — Court Rules