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• Courtroom Proceeding Top
of Page
1. Counsel and parties should be seated at counsel table ready to
proceed no less than five minutes before the Court's scheduled starting
time.
2. On trailing calendar proceedings, including all preliminary criminal
proceedings, special requests to advance or delay appearance times due
to counsel's scheduling conflicts may be presented to the Court's courtroom
deputy.
3. Please determine well in advance of trial is there is a need for
court interpreters for civil cases. The Court's courtroom deputy can
assist counsel in locating qualified interpreters for civil proceedings.
In all criminal cases, the Court will supply certified interpreters.
4. Gum chewing is not permitted in court. Counsel should ensure that
parties, witnesses, as well as any friends, family or courtroom observers
properly dispose of gum in appropriate receptacles prior to entering
the courtroom.
5. All cell phones and pagers must be turned off so as not to disrupt
court proceedings. Counsel should advise their clients and witnesses
as well to turn off pagers and cell phones.
6. Counsel should question witnesses from the podium and approach
the witness stand or jury box only with the Court's permission.
7. Speaking objections are prohibited. Counsel should simply state
the objection and the basis for the objection without argument, i.e.,
"Objection. Hearsay," or "Objection. Leading."
8. Opposing counsel should not respond to objections unless the Court
specifically requests a response.
9. Please stand when the jury enters or leaves the courtroom; stand
also when stating objections or addressing the Court.
• Civil Stock Jury Instructions Top
of Page
The Court relies on New Mexico's Uniform Jury Instructions
to the extent they are applicable. Counsel should confer with one another
on stock instructions to ensure that only one set is submitted to the
Court.
• Phone Conferences to Resolve Minor Discovery Matters Top
of Page
U.S. Magistrate Judge Garcia will accept requests for telephonic resolution
of motions on discovery matters, including resolution of problems occurring
during a deposition, provided that the following requirements are met,
to wit:
1. The matters shall be of a narrow or discrete nature; i.e., instructing
a witness not to answer, protective orders, scheduled depositions or
production of files or documents. Requests to compel responses to a
number of interrogatories, etc., cannot be easily resolved in telephone
conferences.
2. Scheduling arrangements have been made with the Judge's staff.
3. Written requests for a telephonic discovery conference should not
include any argument on the merits of the request, nor should requesting
counsel use the written request as an opportunity to chastize or criticize
opposing counsel. Simply make your request for a discovery conference.
• Settlement Position Papers Top
of Page
U.S. Magistrate Judge Garcia requires submission of
confidential settlement conference position papers. The parties' position papers must be received by
the court three working days prior to the settlement conference for
consideration.
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