Rule 1-128.3.Proceedings pending before tribunal; status report; dismissal

Last verified June 26, 2026

In one sentenceRule 1-128.3 lets parties in a pending case abate it to pursue a collaborative law process, tolling deadlines, and limits the status reports the tribunal may require.

Full Text of Rule 1-128.3

Text sizeJump to: (A) (B) (C) (D) (E)

A. Abatement of pending proceeding. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. If an agreement is signed, then the parties shall file promptly with the tribunal a certificate or stipulated order of abatement, which shall toll all deadlines in the proceeding. The certificate or stipulated order shall include the following:

(1) a statement that the parties are making significant progress toward settlement or are attempting reconciliation and wish to toll the running of the time periods provided in the Rules of Civil Procedure for the District Courts;

(2) a statement of the present status of the case, including a list of all documents which have been filed as required by the Rules of Civil Procedure for the District Courts; and

(3) the signatures of counsel for both parties and of both parties themselves. Any certificate or stipulated order filed which does not include all required signatures shall be of no effect.

B. Notice to tribunal of conclusion of collaborative law process. Unless a final order or decree is entered by the tribunal, the parties shall file promptly with the tribunal and serve on the other party notice when a collaborative law process concludes, including when a party wishes to terminate the period of abatement and the collaborative law process. The period of abatement of the proceeding under Paragraph A of this rule is terminated when the notice is filed. The notice may not specify any reason for termination of the process.

C. Status report. A tribunal in which a proceeding is abated under Paragraph A of this rule may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information about whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.

D. Effect of prohibited communication. A tribunal may not consider a communication made in violation of Paragraph C of this rule.

E. Dismissal. A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a certificate of abatement is filed based on delay or failure to prosecute.

End

Rule History

[Adopted by Supreme Court Order No. 16-8300-020, effective for all cases pending or filed on or after December 31, 2016.]

Plain-English Summary

This rule pauses litigation for collaborative law. Parties in a pending proceeding may sign a collaborative law participation agreement and then promptly file a certificate or stipulated order of abatement, which tolls all deadlines; it must state that the parties are making progress or attempting reconciliation, give the case status, and carry the signatures of both parties and their counsel. When the process concludes (or a party wants to end the abatement), the parties promptly file notice—without stating a reason—and the abatement ends.

A tribunal may require only a limited status report saying whether the process is ongoing or concluded; it may not require any assessment, recommendation, or other substantive communication, and may not consider a communication made in violation of that limit. Before dismissing an abated case for delay or failure to prosecute, the tribunal must give notice and an opportunity to be heard.

Frequently Asked Questions

What happens to deadlines when parties pursue collaborative law in a pending case?

Filing a certificate or stipulated order of abatement tolls all deadlines in the proceeding until the parties file notice that the process has concluded or the abatement is terminated.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-128.3 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: abatementcollaborative law abatementstatus reporttolling deadlines