New Mexico Complaint for Damages and Declaratory Judgment

State:
Multi-State
Control #:
US-01605
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit for damages. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your Complaint.

New Mexico Complaint for Damages and Declaratory Judgment is a legal document that serves as the foundation for initiating a civil lawsuit in the state of New Mexico. This complaint is typically filed by a plaintiff seeking compensation for damages they have suffered and a declaration of their legal rights in a specific manner. Keywords: New Mexico, Complaint for Damages, Declaratory Judgment, civil lawsuit, legal document, compensation, damages, legal rights. There are different types of New Mexico Complaints for Damages and Declaratory Judgment, each tailored to specific circumstances and legal claims. Here are a few examples: 1. Personal Injury Complaint: This type of complaint is filed when an individual has been harmed physically or emotionally due to the negligence or intentional actions of another party. The plaintiff seeks compensatory damages for medical expenses, pain and suffering, lost wages, and other related losses. They also request a declaratory judgment to affirm their legal entitlements and hold the responsible party accountable. 2. Breach of Contract Complaint: When a party fails to fulfill their obligations as outlined in a legally binding contract, the non-breaching party can file a Complaint for Damages and Declaratory Judgment. The plaintiff seeks compensation for any losses incurred as a result of the breach and asks the court to interpret the contract, providing clarity on the parties' respective rights and responsibilities. 3. Property Damage Complaint: If an individual's property is damaged due to someone else's actions, intentional or negligent, a property owner can file a Complaint for Damages and Declaratory Judgment. The plaintiff seeks compensation for the cost of repairs or replacement, loss of use, diminished value, and any other related damages. They also request a declaratory judgment to confirm their legal ownership rights and any liabilities of the responsible party. 4. Insurance Coverage Dispute Complaint: In situations where an insurance company denies coverage or refuses to pay a claim, the policyholder can file a Complaint for Damages and Declaratory Judgment. The plaintiff seeks compensation for the covered losses and asks the court to interpret the insurance policy, determine its application to the claim, and declare the insurance company's obligations. In each type of New Mexico Complaint for Damages and Declaratory Judgment, the plaintiff outlines the facts of the case, specifies the damages suffered, explains the legal basis for the claim, and requests both compensatory relief and declaratory judgment to establish their rights. This document is then filed with the appropriate court, commencing the legal process.

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FAQ

The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.

Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.

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.

A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

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.

Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the ?catch-all? provision of CPLR 213[1] and gets six years as ?an action for which no limitation is specifically prescribed by law.? That being the case, you assume your declaratory judgment cause ...

Once you have completed your answer and counterclaim, you should make several copies of the completed document. Take the original and copies to the court clerk and ask to file. You might have to pay a filing fee, which will depend on the court.

An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.

More info

Procedure when state a party. In all actions where the State of New Mexico is a party, the summons to be issued, together with a copy of the complaint or ... Where plaintiffs filed a complaint for a declaratory judgment to enjoin the environmental improvement board from holding fact-finding hearings on a proposal ...Jul 26, 2017 — INTRODUCTION. 1. This civil-rights lawsuit challenges a City of Santa Fe law that requires non-profit groups communicating about municipal ... Plaintiffs ask this Court to declare as unlawful Defendants' actions of discharging chemical agents against immigrant detainees when there is no threat of. Dec 14, 2018 — The insurance company had sued in New Mexico federal court seeking a declaration that it was not obligated to cover a lawsuit against the ... by VC Gonzales-Zamora · 2022 — The employee's allegations in the opposition to the summary judgment state a plausible claim for premises liability under New Mexico law. In ... Oct 19, 2023 — Plaintiff is seeking a declaratory judgment, the Court ... Local Rules of the United States District Court for the District of New Mexico (the. New Mexico law, Plaintiffs were damaged by the inadequate insurance policy, and a favorable decision will redress the harm in the form of actual damages for ... IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO KENNETH W. BOHN, Plaintiff, v. No. CITY OF HOBBS, a municipality, Sep 13, 2021 — A motion to dismiss for failure to state a claim under Rule 1-012(B)(6) tests the legal sufficiency of the complaint, not the facts that support ...

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New Mexico Complaint for Damages and Declaratory Judgment