New Mexico Complaint for Correction and Reformation of Judgment on the Ground of Mistake

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Multi-State
Control #:
US-01529BG
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Description

A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Keywords: New Mexico, Complaint for Correction and Reformation of Judgment, Ground of Mistake, Types In New Mexico, a Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document filed by an individual or entity who believes that a mistake has occurred in a court's judgment. This complaint seeks to correct or reform the judgment to rectify the error. There are several types of New Mexico Complaint for Correction and Reformation of Judgment on the Ground of Mistake, including: 1. Clerical Mistake: This type of complaint is filed when there has been a clerical error in the judgment. For example, a wrong number or name may have been written in the judgment, leading to an incorrect outcome. 2. Mistake in Description: If there has been a mistake in describing the property or parties involved in the judgment, a complaint can be filed to rectify this error. This type of mistake can significantly impact the rights and interests of those involved. 3. Mistake in Law: A complaint based on a mistake in law can be filed when the court has applied an incorrect legal principle or precedent, leading to an erroneous judgment. This type of mistake can be challenging to prove and requires a thorough analysis of relevant legal provisions. 4. Mutual Mistake: In situations where both parties to a legal dispute have made a mistake about a material fact or legal consequence, a complaint for correction and reformation of judgment can be filed. This type of mistake often involves a mutual misunderstanding that has affected the outcome of the case. 5. Fraud or Misrepresentation: If a judgment has been obtained through fraud or misrepresentation by one of the parties involved, a complaint can be filed to correct or reform the judgment accordingly. This type of complaint requires substantial evidence to prove the fraudulent or misleading conduct. When filing a New Mexico Complaint for Correction and Reformation of Judgment on the Ground of Mistake, it is essential to gather all relevant evidence, such as documents, testimonies, or expert opinions, to support the claim. Legal representation may be advisable to navigate through the complexities of the legal process and ensure the best chance of success. Overall, a New Mexico Complaint for Correction and Reformation of Judgment on the Ground of Mistake serves as a legal tool to rectify errors in a court's judgment, ensuring fairness and justice for those who believe their rights have been affected.

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FAQ

Rule 1-010 - Form of pleadings A. Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Paragraph A of Rule 1-007 NMRA.

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.

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 1-026 - General provisions governing discovery A. Discovery methods. Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental examinations and requests for admission.

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.

A party that has filed a motion for extension of time must file a notice of appeal within thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice even if the motion for extension of time remains pending. The district court may grant the motion retroactively.

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New Mexico Complaint for Correction and Reformation of Judgment on the Ground of Mistake