New Mexico Motion for Pendente Lite Relief

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Multi-State
Control #:
US-02526BG
Format:
Word; 
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Description

Pendente lite refers to an order which is in effect awaiting the litigation (lawsuit). It is often used in divorce law to refer to court orders such as temporary child support, visitation, or alimony which are in effect until the case is tried, or rights which cannot be enforced until the lawsuit is over. Pendente lite matters are contingent on the outcome of the underlying litigation. Sometimes a party is required to deposit funds with the court pending the outcome of the lawsuit. If the depositing party loses the lawsuit, the funds are paid to the opposing party.

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FAQ

? This section, along with 34-5-8 NMSA 1978, gives court of appeals jurisdiction over interlocutory appeal from an order or decision which does not practically dispose of the merits of the case. Therefore court could hear appeal of defendant whose motion for summary judgment in medical malpractice suit was denied.

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.

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.

Parties may obtain discovery of any information, not privileged, which is relevant to the subject matter involved in the pending action. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the method of service.

Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...

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.

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New Mexico Motion for Pendente Lite Relief