New Mexico Motion for Continuance
Magistrate court continuances need good cause shown. Your date stands until the judge rules.
Find out where you stand in New Mexico
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Introduction
In New Mexico magistrate court, continuances shall be granted for good cause shown (Rule 2-601(A) NMRA). In district court, motions are in writing under Rule 1-007.1 NMRA. No continuance-specific deadline is stated here. Your date stands until the court rules.
Key Things to Know
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New Mexico uses the term continuance. Rule 2-601(A) NMRA, for magistrate court civil trials, says: Continuances shall be granted for good cause shown at any stage of the proceedings.
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The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that the date has moved.
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The magistrate rule lists no specific grounds, so the judge decides whether your reason is good cause. A district court continuance standard is not covered here; ask the clerk what your court applies.
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In district court, Rule 1-007.1(A) NMRA says motions shall be in writing and state with particularity the grounds and the relief sought. Say exactly why you need more time and what new timing you ask for.
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In district court, if the other side will not oppose, Rule 1-007.1(B) NMRA requires an order approved by all parties to accompany the motion. An agreement alone is not enough.
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In district court, if the motion may be opposed, Rule 1-007.1(C) NMRA says it must recite that concurrence was requested or explain why it was not. Try to talk to the other side or their lawyer first. Affidavits are needed only if the motion relies on facts not of record.
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No continuance-specific filing deadline is stated here, so file as soon as you know you need more time. Some districts, including the Third and Sixth Judicial Districts, offer local motion and order forms. These are not statewide forms.
Key decisions before you file
Before you file a Motion for Continuance in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Motion for Continuance guide walks through them.
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New Mexico Requirements for Motion for Continuance
Rule 2-601(A) Good Cause Standard
In magistrate court civil trials, continuances shall be granted for good cause shown at any stage of the proceedings (Rule 2-601(A) NMRA). New Mexico calls the request a continuance.
Written Motion With Particularity
In district court, motions are in writing and state with particularity the grounds and the relief sought, except motions made during trial or as the court permits (Rule 1-007.1(A) NMRA).
Order for Unopposed Motions
In district court, if the motion will not be opposed, an order approved by all parties must accompany it (Rule 1-007.1(B) NMRA). An agreement alone does not move the date.
Recite Concurrence Request
In district court, an opposed motion must recite that concurrence was requested or explain why it was not (Rule 1-007.1(C) NMRA). Contact the other parties or their lawyer first.
Affidavit Only for Facts Not of Record
No continuance-specific affidavit rule is covered. In district court, Rule 1-007.1(C) NMRA calls for affidavits only if the motion requires facts not of record.
No Stated Filing Deadline
No continuance-specific filing deadline is covered here. File as early as possible, because the hearing date stands until the court rules.
Local District Forms
The Third and Sixth Judicial Districts offer local motion and order forms, including a certificate of service. They are local forms, and using one is not required.
Certificate of Service
State the date, the person served, the address or email and the method of delivery for the copy of the motion given to the other side.