New Mexico Motion for New Trial
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How to fill out Motion For New Trial?
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FAQ
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.
(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.
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.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss.
Written order. Whenever counsel undertakes to represent a defendant in any criminal action, he will file a written entry of appearance in the cause, unless he has been appointed by written order of the court. For the purpose of this rule, the filing of any pleading signed by counsel constitutes an entry of appearance.
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 ...
(1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case.
What is a retrial? This is a trial that takes place for a second time to decide whether a Defendant is guilty or not guilty. The same parties come to Court again, the Defendant faces the same charges but new evidence can be called.