State Court Stipulation and Order — New Mexico

STIPULATION AND [PROPOSED] ORDER

New Mexico District Court — General Civil Matters

IMPORTANT INSTRUCTIONS

This template is designed for use when all parties to a New Mexico civil action have reached an agreement on one or more issues and wish to memorialize that agreement as a stipulation, submitted to the Court with a proposed order for judicial adoption. Stipulations are commonly used in New Mexico district court practice for scheduling modifications, discovery agreements, continuances, case management adjustments, settlement terms, and voluntary dismissals.

New Mexico district court civil practice is governed primarily by the New Mexico Rules of Civil Procedure for the District Courts (NMRA Title 1), promulgated by the New Mexico Supreme Court. The District Court has general original jurisdiction over civil matters pursuant to NMSA 1978 § 34-6-1. Stipulations that require court approval — such as modifications to scheduling orders, continuances, and settlement orders — must be presented as a joint motion or stipulation with an attached proposed order and filed through the New Mexico File & Serve electronic filing system where applicable.

Before Filing:

☐ Confirm all parties consent to the stipulated terms in writing

☐ Verify the assigned judge's standing orders and any local administrative orders for the judicial district

☐ Confirm compliance with NMRA 1-007(B) — motions must state the grounds and the relief sought

☐ If modifying a scheduling order, confirm compliance with NMRA 1-016(B) and demonstrate good cause for the modification

☐ Determine whether the case is subject to mandatory arbitration under NMRA 2-101 et seq. — if so, address any arbitration deadlines in the stipulation

☐ Confirm that New Mexico File & Serve registration is current for all attorneys of record

☐ Attach any referenced exhibits, prior scheduling orders, or declarations in support

☐ Prepare an editable Word version of the proposed order if required by chambers

☐ Include a Certificate of Service reflecting service on all parties per NMRA 1-005

☐ Verify whether the case is assigned to a specialized docket (e.g., business court, complex civil) with additional local procedures

SECTION 1: CASE CAPTION

STATE OF NEW MEXICO

COUNTY OF [________________________________]

[____] JUDICIAL DISTRICT COURT

(Select Court Level)

☐ District Court (General Civil Jurisdiction — per NMSA 1978 § 34-6-1)

☐ Magistrate Court (Limited civil jurisdiction — per NMSA 1978 § 35-3-3)

No.: [________________________________]

Judge Assigned: [________________________________]

Division: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

SECTION 2: PARTY AND ATTORNEY IDENTIFICATION

Plaintiff's Counsel

Defendant's Counsel

Additional Parties (if applicable)

SECTION 3: STIPULATION OF THE PARTIES

COME NOW Plaintiff [________________________________] ("Plaintiff") and Defendant [________________________________] ("Defendant") (collectively, the "Parties"), by and through their respective undersigned counsel of record, and pursuant to the New Mexico Rules of Civil Procedure for the District Courts, respectfully submit this Stipulation and jointly request that the Court enter the attached Proposed Order. In support thereof, the Parties state as follows:

3.1 Recitals and Background

1. This action was commenced on [__/__/____] by the filing of a Complaint in the [____] Judicial District Court, County of [________________________________], State of New Mexico, pursuant to NMSA 1978 § 34-6-1.

2. The Court entered the following relevant Scheduling Order or prior order(s) on [__/__/____]: [________________________________].

3. The Parties have conferred in good faith and represent that the relief requested is supported by good cause pursuant to NMRA 1-006 and/or NMRA 1-016(B).

4. The current status of the case is as follows: [________________________________].

5. The basis for this Stipulation is as follows: [________________________________].

3.2 Stipulated Terms

The Parties hereby stipulate and agree to the following terms:

Term 1: [________________________________]

Term 2: [________________________________]

Term 3: [________________________________]

Term 4: [________________________________]

(Add or remove terms as necessary)

3.3 Type of Stipulation

(Select all that apply)

☐ Scheduling Modification — Extension or modification of deadlines set by the Court's Scheduling Order pursuant to NMRA 1-016(B). The Parties represent that good cause exists for the modification as follows: [________________________________]. The requested modification ☐ will not / ☐ will affect the trial date or other case management deadlines.

☐ Discovery Stipulation — Modification of discovery procedures or deadlines pursuant to NMRA 1-029. The Parties agree that: [________________________________]. Under NMRA 1-029, the parties may by written stipulation provide that depositions may be taken before any person, at any time or place, on any notice, and may modify other discovery procedures, unless the court orders otherwise. Extensions to discovery deadlines established in the scheduling order require court approval.

☐ Continuance — The Parties jointly request a continuance of the hearing/trial currently scheduled for [__/__/____] to the next available date or a date convenient to the Court. The Parties represent that this continuance is necessary because: [________________________________].

☐ Dismissal — The Parties stipulate to dismissal of this action ☐ with prejudice / ☐ without prejudice pursuant to NMRA 1-041(A)(1)(b), which permits dismissal by a stipulation signed by all parties who have appeared. Each party shall bear its own costs and attorney fees unless otherwise specified herein.

☐ Settlement Terms — The Parties have reached a settlement agreement and stipulate to the following terms being incorporated into a court order for enforcement purposes: [________________________________].

☐ Protective Order / Confidentiality — The Parties agree to the entry of a protective order governing [________________________________] pursuant to NMRA 1-026(C).

☐ Expert Witness Disclosure Modification — The Parties agree to modify the expert witness disclosure schedule under NMRA 1-026(B)(6) as follows: Plaintiff's expert disclosures: [__/__/____]; Defendant's expert disclosures: [__/__/____]. Reason: [________________________________].

☐ Mandatory Arbitration Deadline Modification — This case is subject to mandatory arbitration under NMRA 2-101 et seq. Current arbitration hearing deadline: [__/__/____]. Proposed new deadline: [__/__/____]. Reason for modification: [________________________________].

☐ Failure to Prosecute — The Parties acknowledge that NMRA 1-041(E) prohibits dismissal for failure to prosecute when the Plaintiff is in compliance with a scheduling order entered under NMRA 1-016. The Parties represent that the case is in compliance with all existing orders as follows: [________________________________].

☐ Other — [________________________________]

3.4 Good Cause Statement

Good cause exists for the relief requested because: [________________________________].

The Parties represent that they have been diligent in conducting this litigation and that the need for this stipulation arises from: [________________________________].

Under NMRA 1-006, the court may, for cause shown, extend the time for any act required by the rules or by court order to be done, provided (A) the request is made before the expiration of the original period, or (B) if made after expiration, upon a showing of excusable neglect. The Parties represent that ☐ this request is timely / ☐ the failure was the result of excusable neglect as follows: [________________________________].

3.5 Impact on Trial and Case Management

☐ This stipulation will not affect the current trial date or other pending deadlines.

☐ This stipulation will affect the following deadlines, and the Parties propose the following revised schedule:

3.6 Reservation of Rights

Nothing in this Stipulation shall be construed as a waiver of any claim, defense, right, or objection not expressly addressed herein. The Parties reserve all rights not specifically modified by this agreement.

3.7 Authority to Stipulate

Each undersigned attorney represents that he or she has full authority from his or her respective client to enter into this Stipulation and to bind said client to the terms set forth herein.

3.8 Request for Court Approval

The Parties jointly and respectfully request that the Court adopt this Stipulation as its Order pursuant to NMRA 1-058 and any applicable standing orders or local rules of the [____] Judicial District Court.

SECTION 4: SIGNATURE BLOCKS — PARTIES AND ATTORNEYS

RESPECTFULLY SUBMITTED this [____] day of [________________________________], 20[____].

Plaintiff's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

NM Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], New Mexico [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Plaintiff [________________________________]

Defendant's Counsel

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq.

NM Bar No. [________________________________]

[________________________________] (Street Address)

[________________________________], New Mexico [________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

Counsel for Defendant [________________________________]

Pro Se Party (if applicable)

_______________________________________________

[________________________________] (Printed Name)

[________________________________] (Street Address)

[________________________________], New Mexico [________]

Telephone: [________________________________]

Email: [________________________________]

Pro Se ☐ Plaintiff / ☐ Defendant

Additional Party Signatures

(Reproduce this block for each additional party)

[________________________________] (Law Firm Name)

By: _______________________________________________

[________________________________], Esq. / Pro Se

NM Bar No. [________________________________] (if applicable)

Counsel for / Pro Se [________________________________]

SECTION 5: [PROPOSED] ORDER

STATE OF NEW MEXICO

COUNTY OF [________________________________]

[____] JUDICIAL DISTRICT COURT

No.: [________________________________]

ORDER

Upon consideration of the Parties' Joint Stipulation filed on [__/__/____], and the Court having reviewed the same and found good cause, it is hereby:

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Parties' Stipulation is APPROVED and INCORPORATED herein by reference as if fully set forth.

2. [________________________________] (Restate Term 1 in operative order language)

3. [________________________________] (Restate Term 2 in operative order language)

4. [________________________________] (Restate Term 3 in operative order language)

5. [________________________________] (Additional terms as needed)

It is FURTHER ORDERED that all other deadlines, requirements, and provisions of prior orders of this Court shall remain in full force and effect unless specifically modified above.

The Clerk of Court is directed to serve a file-stamped copy of this Order on all parties of record through New Mexico File & Serve or by mail where required.

SO ORDERED this [____] day of [________________________________], 20[____].

_______________________________________________

Honorable [________________________________]

District Court Judge

[____] Judicial District, [________________________________] County, State of New Mexico

SECTION 6: CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Stipulation and [Proposed] Order with the Clerk of Court using New Mexico File & Serve, which will provide electronic service notification to the following registered counsel of record pursuant to NMRA 1-005:

I further certify that a true and correct copy was served by the following method on parties not registered for New Mexico File & Serve, pursuant to NMRA 1-005:

☐ U.S. Mail, first-class postage prepaid, pursuant to NMRA 1-005(B)(2)

☐ Hand delivery pursuant to NMRA 1-005(B)(1)

☐ Facsimile pursuant to NMRA 1-005(B)(3)

☐ Electronic mail by written consent pursuant to NMRA 1-005(B)(4)

upon the following:

[________________________________] (Name)

[________________________________] (Address / Email / Fax)

_______________________________________________

[________________________________]

NM Bar No. [________________________________]

Counsel for [________________________________]

SECTION 7: FILING AND PRACTICE CHECKLIST

Pre-Filing

☐ Obtain written confirmation of consent from all parties or their counsel before drafting the stipulation

☐ Identify the controlling NMRA rule(s) authorizing the relief (e.g., NMRA 1-006, 1-016, 1-026(B)(6), 1-029, 1-041, 1-058)

☐ Review the assigned judge's standing orders and any applicable local rules for the judicial district

☐ Check the court's scheduling order for any provisions restricting modifications or requiring specific showings

☐ Determine whether the case is subject to mandatory arbitration under NMRA 2-101 et seq. — if so, address arbitration deadlines in the stipulation

☐ Confirm New Mexico File & Serve registration and good standing for all filing attorneys

☐ Draft the proposed order in a format consistent with the judge's preferences; prepare an editable Word version if directed by chambers

☐ Verify whether the case is assigned to a specialized docket (business court, domestic relations, children's court) with separate procedural requirements

Filing

☐ Log in to New Mexico File & Serve and select the correct case

☐ Upload the Stipulation as the lead document with the appropriate filing code

☐ Attach the Proposed Order as a separate document

☐ Attach any supporting exhibits, declarations, or prior orders referenced in the stipulation

☐ Pay any applicable filing fees

☐ Confirm the filing is accepted and note the confirmation number

Post-Filing

☐ Verify New Mexico File & Serve notifications were transmitted to all registered counsel

☐ Serve non-File & Serve participants by mail or other authorized method under NMRA 1-005

☐ Complete the Certificate of Service and retain a copy

☐ Calendar any new deadlines set by the stipulation

☐ Monitor the docket for entry of the Order

☐ Upon entry of the Order, update the case management schedule and notify the client

SECTION 8: NEW MEXICO-SPECIFIC PRACTICE NOTES

New Mexico File & Serve — Electronic Filing

New Mexico has implemented New Mexico File & Serve as the mandatory electronic filing platform for district court cases. All documents must be submitted in PDF format. Attorneys must be registered users. Service through File & Serve satisfies service requirements under NMRA 1-005 for registered participants. Check the New Mexico Courts website (nmcourts.gov) for current e-filing requirements, participating courts, and updated procedures.

NMRA 1-029 — Stipulations Regarding Discovery Procedure

Under NMRA 1-029, the parties may, by written stipulation, provide that depositions may be taken before any person, at any time or place, upon any notice, and may modify other discovery procedures — unless the court orders otherwise. Modifications to discovery deadlines established in the scheduling order require separate court approval under NMRA 1-016(B). Practitioners should clearly distinguish between procedural modifications (permissible under NMRA 1-029) and deadline extensions tied to the scheduling order (requiring court approval).

NMRA 1-016(B) — Scheduling Orders and Case Management

New Mexico district courts issue scheduling orders under NMRA 1-016(B) that govern discovery, expert disclosures, dispositive motions, arbitration deadlines (if applicable), and trial dates. Modification of a scheduling order requires good cause. The Parties should specifically identify the scheduling order provision(s) being modified and the reason good cause exists. Modifications affecting the trial date require the Court's express approval and may require a hearing.

NMRA 1-041 — Dismissal of Actions

Under NMRA 1-041(A)(1)(b), an action may be dismissed without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Unless the stipulation states otherwise, the dismissal is without prejudice. Importantly, NMRA 1-041(E)(1) prohibits a district court from dismissing an action for failure to prosecute on the opposing party's motion if the plaintiff is in compliance with a scheduling order entered under NMRA 1-016. If costs or attorney fees are at issue, address them expressly in the stipulation.

NMRA 1-006 — Computing and Extending Time

Under NMRA 1-006, the court may, for cause shown, extend the time for any act required by the rules or by court order, provided (A) the request is made before expiration of the original period, or (B) if after expiration, upon a showing of excusable neglect. Stipulations requesting extensions of court-imposed deadlines should cite NMRA 1-006 and articulate the specific cause or excusable neglect basis.

NMRA 2-101 et seq. — Mandatory Arbitration

New Mexico has a mandatory arbitration program for certain civil cases under NMRA Title 2. Cases assigned to mandatory arbitration have specific deadlines for completing the arbitration process. Any stipulation modifying the case schedule should address whether mandatory arbitration deadlines are affected and, if so, should seek court approval for any modifications to arbitration deadlines. The arbitration administrator must be notified of any deadline changes.

NMRA 1-026(B)(6) — Expert Witness Disclosures

Expert witness disclosures under NMRA 1-026(B)(6) are required for retained experts and must include a written report prepared and signed by the expert. Expert disclosure deadlines are typically set in the scheduling order. Modifications to expert disclosure deadlines tied to scheduling order deadlines require court approval. The expert report must contain: (i) a complete statement of all opinions the expert will express and the basis for them; (ii) the data or other information considered; (iii) any exhibits to be used; (iv) the expert's qualifications; (v) a list of other cases in which the expert has testified; and (vi) a statement of the compensation to be paid.

NMSA 1978 § 34-6-1 — District Court Jurisdiction

New Mexico district courts are courts of general jurisdiction with original jurisdiction in all civil matters not otherwise restricted by law, pursuant to NMSA 1978 § 34-6-1 and the New Mexico Constitution, Article VI. The state is divided into thirteen judicial districts.

Sources and References

• New Mexico Rules of Civil Procedure for the District Courts (NMRA Title 1): New Mexico Supreme Court
• NMRA 1-006 (official text): supremecourt.nmcourts.gov
• NMRA 2-101 et seq. — Mandatory Arbitration Rules: nmcourts.gov
• New Mexico Courts — File & Serve: nmcourts.gov
• NMSA 1978 § 34-6-1 — District Court Jurisdiction: nmlegis.gov
• New Mexico State Bar Association: nmbar.org
• New Mexico Judicial District Courts: nmcourts.gov

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.