A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
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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.
Persons who are not a citizen of the United States; Persons who are under 18 years of age; Persons who are not residents of Dona Ana County; Persons who are currently on probation or parole for a felony.
Peremptory challenges had a long history in both England and America before the Revolution, and the purpose of peremptory challenges was to allow elimination of a particular juror without reason.
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.
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.
(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.
In some instances, jurors who fail to appear have been brought before a judge to explain their absence. And in rare instances, a judge may direct that a warrant be issued for the juror's arrest.
Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an action.
