New Mexico Sample Letter to Judge with Agreed Judgment
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FAQ
Process shall be served as follows: (1) if the process to be served is a summons and complaint, petition or other paper, service may be made by any person who is over the age of eighteen (18) years and not a party to the action; (2) if the process to be served is a writ of attachment, writ of replevin or writ of habeas ...
"Filing" shall include filing a facsimile copy or filing an electronic copy as may be permitted under Rule 1-005.1 NMRA or Rule 1-005.2 NMRA. If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court.
RULE 1-004 G. When service is made by the sheriff (or a deputy) of the county in New Mexico, proof thereof shall be by certificate; and when made by a person other than a sheriff (or a deputy) of a New Mexico county, proof thereof shall be made by affidavit.
Rule 1-011 - Signing of pleadings, motions, and other papers; sanctions; unsworn affirmations under penalty of perjury A. Signing of pleadings, motions, and other papers; sanctions.
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.
The standard of review for summary judgment is well settled in New Mexico. Summary judgment should be granted if there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter oflaw.
Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
