New Mexico Affidavit of Defendant Supporting Motion for Summary Judgment

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Multi-State
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US-00922BG
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Generally, a motion for summary judgment is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. The affidavit or declaration should recite all the material facts and show that the affiant would be competent to testify to the facts stated in the affidavit.


This form is a generic example of an affidavit of the defendant in support of his motion for summary judgment.

The New Mexico Affidavit of Defendant Supporting Motion for Summary Judgment is a legal document filed by the defendant in a court case seeking a summary judgment in their favor. This affidavit serves as a supporting document, providing detailed evidence and arguments in support of the defendant's motion for summary judgment. The content of this affidavit is crucial in convincing the court that there are no genuine issues of material fact and that the defendant is entitled to judgment as a matter of law. Keywords: New Mexico, Affidavit, Defendant, Supporting, Motion for Summary Judgment Types of New Mexico Affidavit of Defendant Supporting Motion for Summary Judgment: 1. Affidavit of Defendant Supporting Motion for Summary Judgment — Personal Injury: This type of affidavit is filed in personal injury cases, where the defendant seeks a summary judgment based on claims that they are not liable for the injuries sustained by the plaintiff. The affidavit would contain relevant evidence, such as witness statements, medical records, expert opinions, and any other supporting documents to establish that the defendant is not responsible for the plaintiff's injuries. 2. Affidavit of Defendant Supporting Motion for Summary Judgment — Contract Dispute: In cases involving a contract dispute, the defendant may file this affidavit to support their motion for summary judgment. It would outline the terms and conditions of the contract, any communications exchanged between the parties, and any other evidence demonstrating that the defendant did not breach the contract. The affidavit may also address any legal defenses or counterclaims against the plaintiff's allegations. 3. Affidavit of Defendant Supporting Motion for Summary Judgment — Employment Discrimination: This type of affidavit is filed in cases related to employment discrimination. The defendant, typically the employer, would submit this affidavit to present evidence that disproves the plaintiff's claims of discrimination. The affidavit might contain performance reviews, disciplinary records, company policies, and other supporting documents showing that the defendant treated the plaintiff fairly and without any discriminatory intent. 4. Affidavit of Defendant Supporting Motion for Summary Judgment — Property Dispute: In cases involving property disputes, the defendant may utilize this affidavit to support their motion for summary judgment. This affidavit would outline the ownership history, agreements, surveys, and other relevant documents to assert their rightful claim to the disputed property. It aims to convince the court that there is no genuine issue of fact and that the defendant is entitled to a judgment in their favor. These are just a few examples of the possible types of New Mexico Affidavit of Defendant Supporting Motion for Summary Judgment. The content and specific keywords may vary depending on the nature and details of the case. It is crucial to consult with legal professionals or refer to the appropriate statutes and rules for accurate and relevant content.

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FAQ

Rule 1-025 - Substitution of parties A. Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

The plaintiff shall serve his reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs.

Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.

Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.

New Mexico courts view summary judgment with disfavor, preferring a trial on the merits. Summary judgment may be proper when the movant has met its initial burden of establishing a prima facie case for summary judgment. The evidence adduced must result in reasonable inferences.

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The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories or further affidavits. When a motion for summary ... If the motion requires consideration of facts not of record, the movant shall file copies of all affidavits, depositions or other documentary evidence to be ...by CD Lee · 2003 · Cited by 4 — The first part addressed the Petitioner's contention that the substantive evidentiary burden of proof at trial should apply at the summary judgment stage ... made by a person other than a sheriff (or a deputy) of a New Mexico county, proof thereof shall be made by affidavit. • If service is made under Paragraph E of. Jan 5, 2016 — An affidavit used to oppose a motion for summary judgment ... irrelevant to the resolution of Defendant's motion for partial summary judgment. Briefing is complete on Liberty Mutual Fire Insurance Company's Second. Motion for Summary Judgment and Supporting Authority ("MSJ #2"). [Doc. 32] Plaintiff ... Plaintiffs appeal from an order granting Defendants' motion for summary judgment and dismissing their complaint alleging medical malpractice. The sole issue on ... If the plaintiff is not represented by an attorney, the Plaintiff must complete the following affirmation. I,. , affirm under penalty of perjury under the laws ... Motion for a Continuance Regarding Defendant Hyde's Summary Judgment Motion. ... affidavit in support of their motion. In their affidavit, Plaintiffs detail the ... Oct 18, 2022 — Defendants supported their motion for summary judgment by pointing to alleged inadequacies in ... in New Mexico courts: “Summary judgment is not ...

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New Mexico Affidavit of Defendant Supporting Motion for Summary Judgment