Quality Automotive Center, LLC v. Arrieta
Annotate this CaseThe narrow question in this case was whether a district court judge has the authority to determine whether one of the named parties to a case pending before him or her is entitled to exercise an independent peremptory excusal. The Supreme Court answered this question affirmatively and held that under Rule 1-088.1 NMRA, a district court judge has the authority to decide whether a peremptory challenge filed against him or her is both timely and correct. "In reviewing the adverse effect the existing rule has upon our judicial system today, we conclude that the rule must be amended. Our goal in doing so is to develop a rule that is meaningful - one that maintains the right of everyone to a fair and impartial tribunal and one that eliminates the unnecessary delays caused by our current rule - so that we may always strive to attain an ever more effective and efficient system of justice in our New Mexico courts."
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