New Mexico Motion to Withdraw Funds from the Court's Registry

State:
Multi-State
Control #:
US-03349BG
Format:
Word; 
Rich Text
Instant download

Description

A court may, on proper application, permit a party in the possession of money (or other valuable item capable of delivery) to deposit the money in court for various reasons including:


" to relieve the depositor of the responsibility of the funds;

" to avoid placing one party at a severe advantage during the period of litigation; and

" to preserve the funds in controversy to ensure that the prevailing party may receive the money it is awarded.

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FAQ

Upon completion of briefing, the movant must file a notice certifying that the motion is ready for decision and identifying the motion and all related filings by date of filing and docket number.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Motions to compel or for sanctions: (1) Staff or a party may move for an order compelling discovery or for sanctions for failure to comply with an order directing that discovery be had as provided in the New Mexico rules of civil procedure for the district courts.

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.

Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...

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New Mexico Motion to Withdraw Funds from the Court's Registry