§ RULE 2-402. NOTICE OF TRIAL; JOINT OR SEPARATE TRIALS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 4 > RULE 2-402.

RULE 2-402. NOTICE OF TRIAL; JOINT OR SEPARATE TRIALS

A. Notice of Trial. After the answer has been filed, the magistrate shall set a date for trial of the action. He shall issue a written notice of trial announcing the time and place thereof, file the original and send copies to all parties not in default. The notice of trial shall be in substantially the form approved by the court administrator and the supreme court.

B. Consolidation. When actions involving a common question of law or fact are pending before the magistrate, he may make such orders providing for joint trials as may tend to avoid unnecessary costs or delay.

C. Separate Trials. The magistrate in furtherance of convenience or to avoid prejudice may order a separate trial of any claim or issue.