First Judicial District Court
Division I Schedule
Judge Francis J. Mathew
Last Updated: 3/2/2021
Remote Access (Effective for all hearings set on or after August 17, 2020) See Fifth Amended Notice Below
Appearing by video: https://meet.google.com/pbm-prjx-suz
Appearing by telephone: Phone number: 1-(401)-594-2884 and PIN: 457 389 237#.
JURY TRIALS NOTICE – Dated 6/2/2020
On May 28, 2020, the New Mexico Supreme Court issued its Order No. 20-8500-020 concerning the lifting of its suspension of civil and criminal jury trials. Under the terms of the Order, New Mexico Courts may recommence jury trials under certain conditions, including maintaining social distancing of no less than six (6) feet of separation, limiting room occupancy to fifteen (15) people, including judges and court staff, except with permission, and requiring all persons in and around the courthouse to wear masks at all times.
For the 1st Judicial District Court to comply with Order No. 20-8500-20, it has been left with only two (2) spaces that can accommodate jury trials requiring a panel of twelve (12) jurors plus two (2) alternates. One space is the Ceremonial Courtroom, currently assigned to Judge Biedscheid, and the other space is the Jury Assembly Room where our juries have been chosen and assembled throughout the trial dockets. These two (2) spaces will necessarily have to be shared by eight (8) judges. Each space will be shared by four (4) judges.
At this time, it appears that six (6) person juries may go forward in the standard courtrooms with the jury deliberation rooms being utilized under the current space and social distancing limitations.
The Ceremonial Courtroom must be used for judges with criminal dockets due to security requirements. The Jury Assembly Room will be shared by four (4) civil judges. This Division, Division No. 1, has been assigned to the Jury Assembly Room for the purpose of conducting jury trials.
The Jury Assembly Room requires certain modifications including mobile monitors for evidence displays and will not have certain podium electronic capabilities. Both spaces require the use of adjoining courtrooms for jury deliberations, resulting in the loss of these courtrooms for hearings and bench trials during jury trials.
To accommodate the space sharing by four (4) judges, the Court has been required to suspend the current assigned jury docket schedules. In an attempt to provide each judge with as much time as possible in the available spaces, the Court is contemplating assigning each judge a two (2) week jury docket on a rotating schedule. The Santa Fe civil judges’ dockets will typically commence on Mondays.
Juries in the 1st Judicial District will no longer be chosen for the entire scheduled docket on the first day of the judge’s docket. Smaller jury panels will be called so that social distancing may be maintained and room occupancy limitations complied with. This will likely mean that multiple panels will need to be called and staggered throughout the day and that individual voir dire of potential jurors will be more limited. It could and probably will mean the use of an entire day to assemble one (1) twelve (12) person jury with alternates. Juries for trials will be chosen on the first day of the re-assigned trial date(s), and trials will commence as soon as the jury has been chosen.
Trials in this Division will continue to be scheduled on a trailing docket basis. So that as many jury trials as possible may be conducted, this Division, Division 1, will be typically limiting trial times to five (5) days, including jury selection.
In this Division, Plaintiffs will be allowed 60% of the trial time for their case and defendants without counterclaims will receive 40% of the trial time; provided that cases with counterclaims will receive a 50/50 time split. All trial time will be calculated strictly on a percentage of the total trial time, including opening statements and closing arguments, without regard to actual time spent on direct or cross-examination. Cross-examination will be limited to 75% of the time used in direct examination. Reasonably anticipated evidentiary objections will necessarily be required to be resolved before trial. Opening statements and closing arguments will be limited in time.
Until the Courts can safely conduct twelve (12) person jury trials in our standard courtrooms with our standard deliberation rooms, there will be certain cases that will not be able to have a trial conducted due to the limited space and the number of parties and attorneys involved. The Court is researching potential alternatives for these cases. Unfortunately, the Court cannot predict when this situation may change or when viable alternatives may be found.
We are all cognizant that this is a temporary situation, but it is a situation without a predictable end. It may last more than a year without any way to predict when we may be allowed to return to operations similar to those in place before the current public health emergency.
FIFTH AMENDED NOTICE
Dated July 20, 2020
(Effective For All Hearings Set On Or After August 17, 2020)
Until the current operating guidelines for the New Mexico Courts which have been put in place concerning the Coronavirus are modified, parties and attorneys are required to appear for all hearings telephonically or through video conferencing. Parties and attorneys are required to appear telephonically or through video conferencing for any hearing, including pretrial conferences, by providing notice to the Court at its sfeddiv1proposedtxt@nmcourts.gov email address at least one (1) business day prior to any such hearing and:
Appearing by video through the following computer link connection; or
Appearing by dialing the following phone number and using the pin number when prompted: Phone number:1-(401)-594-2884 and PIN: 457 389 237#.
This is not a private hearing room and other hearings may be in progress when you join, therefore, you are required to join muted or immediately mute your phone/microphone upon joining and not speak until the Court calls you or announces your case.
There is no charge to participants for this service.
Cell phones, speaker phones and microphones can cause background interference and a garbled presentation, so you are requested to use telephone handsets when appearing telephonically, or to mute your phones/microphones when not speaking.
Although the proceeding may be remote, all rules governing demeanor, dress and recording remain in effect. The official record of any hearing is the record taken or recorded by the Court’s Reporter or Monitor and must be used for all purposes.
This Notice is effective for all hearings scheduled on or after August 17, 2020, until further notice by the Court.
In person courtroom attendance by attorneys and parties shall only be allowed on an emergency basis upon motion and order of the Court. Spectators, media and visitors are not allowed in the courtroom, but may attend through the same media available to parties and attorneys in accordance with applicable New Mexico Supreme Court Orders and Rules. Spectators, media and visitors are not required to notify the Court of their attendance prior to any video or telephonic hearing.
Please monitor the Court’s website for notices concerning current courtroom procedures and guidelines.
SUMMARY JURY TRIALS
Voluntary (all parties must agree by written stipulation filed no less than forty-five days prior to trial)
Binding
Nonbinding
Six (6) person jury
One (1) alternate
Three (3) peremptory challenges per side
Jurors may sit for more than one (1) trial
Rule 1-038 applies
Selected at regular jury selection for docket first
Void Dire
i. Judge regular
ii. Each side limited to fifteen (15) minutes
Trial – One (1) day
Openings – fifteen (15) minutes
Closings – fifteen (15) minutes
Presentations – two (2) hours per side
i. Cross-examination – seventy-five percent (75%) of time of direct examination of each witness
ii. Example – Direct examination is 1 hour; cross-examination is limited to 45 minutes with 15 minutes remaining for direct and cross-examination of another witness within presentation time
Experts – Evidence limited to reports, not to exceed ten (10) pages, not including expert’s CV.
Pretrial Procedures
Standard pretrial procedures, including the filing of the pre-trial orders no later than the date of the Pre-trial Conference and no extensions to be granted.
Rules of Evidence apply
i. Objections to authenticity and admissibility of exhibits must be made and ruled upon before trial with all such objections made no later than the date of the Pre-trial Conference and responses to objections made two (2) days after objections; no reply permitted
ii. Designations and objections to depositions ruled upon before trial
iii. Motions In Limine made no later than the date of the Pre-trial Conference ruled upon at same time as exhibits, including objections to expert qualification and testimony
iv. Jury Instructions in accordance with standard scheduling orders, but jury instruction conference held in the week before jury selection
Post trial matters
Nonbinding verdict
i. Priority setting on next docket as regular setting without summary jury limitations and new pre-trial order
Deadlocked jury
i. Priority setting on next docket as regular setting without summary jury limitations and new pre-trial order
Binding verdict
Judgment entered
d. Costs and fees, not awarded
Jury dockets
Four (4) days following jury selection reserved for Summary Jury Trials
Remaining docket- not Summary Jury Trials
i. Trials limited to five (5) days, if more than one (1) trial remaining at Pre-trial Conference
ii. Presentations divided sixty percent (60%) – Plaintiff and forty percent (40%) Defendant
iii. Rules of Procedure and Evidence apply
Notice Re Motions
In all cases that have been assigned to Judge Mathew, it will be necessary for counsel to follow the “Motions Package” procedure stated in Local Rule 1-306(G):
- At the expiration of all responsive times, under Rule 1‑007.1 of the Rules of Civil Procedure for the District Courts, the movant shall submit to the court a copy of the motion, response, any reply and a request for hearing . . . in a “package”. The submission of the “package” alerts the court that the motion is ripe for decision.
Even if you have previously submitted the Motions Package to another judge, it will be necessary to resubmit it to Judge Mathew if you still need a hearing on a motion. It is insufficient to file a notice of completion of briefing without the Motions Package. It is insufficient to file a request for hearing and notice of hearing without the Motions Package.
If no response is filed within the time prescribed by Rule 1-007.1, please follow the procedures specified in Local Rule 1-306(D), and serve a copy of a proposed order to the other side with proof of service and submit a copy of the proposed order to the court with a copy of the motion and a notice that no response has been filed.
Notice Re Expedited Motions
If you seek an expedited hearing, i.e., a hearing before the expiration of the time limits set forth in Rule 1-007.1, please follow the procedures in Rule 1-306(I), including stating in the motion the reason for expedited treatment.
These notices apply to all Civil and Domestic Matters in which a party is represented by counsel.
Instructions for Case Scheduling Conference
Interpreter Scheduling
To avoid delay or the rescheduling of your hearing, you must notify the TCAA at 455-8155 within 5 days of your scheduled hearing that an interpreter is needed.
Weather Delays and Closures
IN THE EVENT OF A TWO-HOUR DELAY DUE TO ADVERSE WEATHER, ALL MATTERS SCHEDULED IN THE DELAY PERIOD WILL BE HEARD ON A TRAILING DOCKET BASIS COMMENCING AT THE CONCLUSION OF THE DELAY PERIOD. FOR EXAMPLE, IF THE FIRST MATTER ON THE DOCKET IS SCHEDULED AT 8:30 A.M., IT WILL BE HEARD AT 10:00 A.M. AT THE CONCLUSION OF A TWO-HOUR DELAY PERIOD AND ALL MATTERS WILL BE HEARD ON A TRAILING DOCKET, BUT NO EARLIER THAN THEIR SCHEDULED HEARING TIME. IF THE COURT IS CLOSED ON THE DAY YOU HAVE A SCHEDULED HEARING, YOUR HEARING WILL BE RESCHEDULED AND NOTICED BY THE COURT.
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||