New Mexico Motion to Advance Cause on Calendar

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Multi-State
Control #:
US-03346BG
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Word; 
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Description

The rules governing the hearing of an appeal usually provide that the appeal will be heard in the order of its filing. However, on motion to advance the hearing directed to the discretion of the court and supported by a showing of good cause, the hearing usually may be heard out of regular order. Good cause generally is prescribed as a situation in which the appeal involves important questions affecting the public interest, questions that are similar to those in a case scheduled ahead, the allowance or denial of a temporary injunction, matters controlling the settlement of an estate, the jurisdiction of the court below, and criminal cases.

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FAQ

Rule 12-204 - Expedited appeals from orders regarding release or detention entered prior to a judgment of conviction A. Scope. This rule governs appeals under Rule 5-405 NMRA from orders regarding release or detention.

- Where a district court certifies an order for interlocutory appeal, the appealing party must seek permission from the appellate court for leave to file an appeal by filing an application within 15 days of entry of the order in district court, but where the appealing party did not file an application for interlocutory ...

The purpose of a motion to dismiss for failure to state a claim for relief is to test the legal sufficiency of the claim, not the facts that support it, and the possibility of recovery based on a state of facts provable under the claims bars dismissal. Trujillo v. Berry, 1987-NMCA-072, 106 N.M. 86, 738 P.

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.

Response. Unless otherwise specifically provided in these rules, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within fifteen (15) days after service of the motion.

Interlocutory /??nt?r?l?kj??t??ri/ is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue.

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.

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 ...

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New Mexico Motion to Advance Cause on Calendar