Granting or denying a party's motion is generally within a trial court's sound discretion, and the court may refuse to hear a motion which is repetitive or is made for an improper purpose such as harassment, unnecessary delay, or to increase in the cost of litigation.
New Mexico Motion to Amend a Previous Motion and Notice of Motion
State:
Multi-State
Control #:
US-01062BG
Format:
Word;
Rich Text
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How to fill out Motion To Amend A Previous Motion And Notice Of Motion?
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Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the method of service.
(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.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...
Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.
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.
Rule 1-045(A)(1)(d) NMRA. When a subpoena for production or inspection is issued, the party responsible for the issuance of the subpoena must provide timely notice to all parties of the issuance of the subpoena. Rule 1-045(B)(2) NMRA. The rule formerly provided only that the subpoenaed person "produce" the items.
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 ...
1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.