New Mexico Motion to Dismiss Appeal - Not Within Jurisdiction of Court

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US-03192BG
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Motions in any Federal Court of Appeals are generally covered by Rule 27 of the Federal Rules of Appellate Procedure. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it along with accompanying documents like supporting affidavits. A motion, response, or reply may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used.


The document must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. The document must be on 81D2 by 11 inch paper. The text must be double spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there. The document must comply with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6).


A motion or a response to a motion must not exceed 20 pages, exclusive of the corporate disclosure statement and accompanying documents authorized by Rule 27(a)(2)(B), unless the court permits or directs otherwise. A reply to a response must not exceed 10 pages. An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case.

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FAQ

Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.

If the plaintiff does not take action to continue the proceedings within a reasonable amount of time, it can result in the lack of prosecution. The reason for this could be due to various factors, such as illness, financial difficulties, or lack of interest.

RULE 1-004 G. When service is made by the sheriff (or a deputy) of the county in New Mexico, proof thereof shall be by certificate; and when made by a person other than a sheriff (or a deputy) of a New Mexico county, proof thereof shall be made by affidavit.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.

Unlike the procedure in New York state courts, under the federal rules of civil procedure, the denial of a motion to dismiss does not qualify as a ?final decision? and thus there is no appeal as of right, and discretionary appeals almost always fall outside the scope of 28 U.S.C. §1292(b).

? 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.

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 Motion to Dismiss Appeal - Not Within Jurisdiction of Court