Rule 1-040.Assignment of cases for trial and order of trial

Last amended January 1, 1990 · Last verified June 26, 2026

In one sentenceRule 1-040 governs setting cases for trial—including trailing calendars and certificates of readiness—and prescribes the order of proceedings at trial.

Full Text of Rule 1-040

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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;

(5) argument;

(6) motions for directed verdict, mistrial and the like shall be made and argued in the absence of the jury.

End

Rule History

[As amended, effective January 1, 1990.]

Plain-English Summary

This rule handles trial scheduling and sequence. District courts set cases for trial under Rule 1-016, and a case is “set” if placed on a trailing calendar, provided no trailing calendar includes a case unlikely to start within two weeks of the first case on it. Where no pretrial scheduling order exists, a party may request a trial setting by stating the case is ready and how long trial will take; a party who disagrees responds within ten days, and the court gives reasonable notice of settings.

Unless the court directs otherwise, trial proceeds in a set order: jury selection; opening statements (other parties may defer); introduction of evidence (the party with the burden goes first, then response, then rebuttal); jury instructions; argument; and motions for directed verdict or mistrial, which are argued outside the jury’s presence.

Frequently Asked Questions

How is a case set for trial?

Under Rule 1-016, including by placement on a trailing calendar. Where no scheduling order exists, a party may file a request for trial stating the case is ready and how long it will take.

What is the order of proceedings at trial?

Jury selection, opening statements, introduction of evidence (burden party first, then response, then rebuttal), jury instructions, argument, and directed-verdict or mistrial motions argued outside the jury’s presence.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-040 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: setting cases for trialtrial settingcertificate of readinessorder of trial