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.
New Mexico Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations In New Mexico, a Motion to Dismiss is a legal document filed by a defendant to request the court to dismiss a lawsuit. Specifically, a Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is filed when the plaintiff's claim is time-barred by the statute of limitations, which means that the legal deadline for filing the lawsuit has passed. This motion seeks to prevent the plaintiff from pursuing their claim further. The statute of limitations in New Mexico is a set time period established by law, within which a claimant must initiate legal proceedings. If this deadline is not met, the defendant can raise the defense of the statute of limitations and seek to have the case dismissed. A successful Motion to Dismiss Action with Prejudice would result in the plaintiff being permanently barred from bringing the same cause of action again. There are different types of New Mexico Motions to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations, depending on the specific circumstances of the case. These may include: 1. Motion to Dismiss based on the expiration of the statute of limitations: This type of motion asserts that the plaintiff failed to initiate the lawsuit within the prescribed time period set by the relevant statute of limitations. The defendant argues that the plaintiff's claim should be barred as a matter of law. 2. Motion to Dismiss based on the plaintiff's knowledge of the cause of action: In some cases, the statute of limitations may begin to run from the time the plaintiff knew or should have known about the cause of action. This motion asserts that the plaintiff had sufficient information regarding their claim but failed to file the lawsuit within the required time limit. 3. Motion to Dismiss based on tolling: Tolling refers to the suspension or extension of the statute of limitations for certain reasons, such as the plaintiff being a minor, mentally incapacitated, or serving in the military. If the defendant believes that the plaintiff's claim is not eligible for tolling, they can file a Motion to Dismiss arguing that the statute of limitations should not be extended. 4. Motion to Dismiss based on fraudulent concealment: This motion argues that the defendant intentionally concealed crucial information related to the cause of action from the plaintiff, in an attempt to prevent them from filing a timely lawsuit. The defendant asserts that the statute of limitations should be tolled due to their fraudulent actions. In conclusion, a New Mexico Motion to Dismiss Action with Prejudice of Plaintiff's Cause of Action Barred by Statute of Limitations is a legal proceeding initiated by the defendant to request the court to dismiss the plaintiff's claim because it is time-barred. The specific type of motion will depend on the circumstances of the case, such as whether the statute of limitations has expired or if tolling or fraudulent concealment might apply.
