New Mexico Motion for Process Instructions
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How to fill out Motion For Process Instructions?
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Motions to compel or for sanctions: (1) Staff or a party may move for an order compelling discovery or for sanctions for failure to comply with an order directing that discovery be had as provided in the New Mexico rules of civil procedure for the district courts.
Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.
Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Response. Unless otherwise specifically provided in these rules, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within fifteen (15) days after service of the motion.
In New Mexico small claims filing limit is $10,000.00. Once the small claims case is filed and served upon the defendant, the defendant has 30 day to file and answer with the courts.
(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim.
Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...
Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...
