Subject: New Mexico — Sample Letter for Plaintiff's Motion to Compel Production of Documents Dear [Recipient's Name], I hope this letter finds you well. I am writing on behalf of the plaintiff in the above-referenced case, seeking your cooperation and assistance in providing the documents requested in Plaintiff's Second Request for Production of Documents. We have previously corresponded about these documents, but unfortunately, no progress has been made in fulfilling the requests. Therefore, it is necessary for us to file a Motion to Compel in order to obtain the requested documents. New Mexico Law and the Rules of Civil Procedure govern the discovery process, and it is crucial for both parties to engage in good-faith cooperation. Plaintiff's Second Request for Production of Documents, dated [date], permits the plaintiff to obtain relevant information necessary to present their case adequately. However, despite our efforts to resolve the matter without court intervention, the defendant has failed to provide the required documents within the specified timeframe. The requested documents are vital to the plaintiff's case as they surely contain key information and evidence needed to support our position. The failure to provide these documents hampers the plaintiff's ability to prepare a thorough and fair presentation of the facts. This obstruction hinders achieving a just resolution in this matter and directly contravenes the principles of discovery. We kindly request that you immediately comply with Plaintiff's Second Request for Production of Documents by providing the requested documents, responsive in nature, or a written objection that meets the requirements set forth in Rule [insert relevant New Mexico Rule number from the Rules of Civil Procedure], if you believe any portion of the request is improper or privileged. Failure to adhere to this request may result in sanctions being sought by the court, including but not limited to, adverse inferences against the defendant. In light of the urgency and the importance of the requested documents, we kindly ask you to respond to this letter within [insert a reasonable timeframe, e.g., 10 days] to either produce the requested documents or provide a detailed explanation of any objections. If you fail to respond in a timely and appropriate manner, we will have no choice but to move forward with filing a Motion to Compel with the court. We genuinely hope that we can resolve this matter amicably and without resorting to formal court proceedings. However, we are prepared to take all necessary legal actions to ensure the completion of discovery and protect the plaintiff's rights in this case. Thank you for your immediate attention to this matter. We look forward to your prompt response. Sincerely, [Your Name] [Your Law Firm's Name (if applicable)] [Your Contact Information]
New Mexico Sample Letter for Plaintiff's Motion to Compel the Production of the Documents Requested in Plaintiff's Second Request for Production of Documents
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How to fill out New Mexico Sample Letter For Plaintiff's Motion To Compel The Production Of The Documents Requested In Plaintiff's Second Request For Production Of Documents?
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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.
Use a Request for Production when you want the other side to produce documents and things as well as a statement under oath that they have provided the documents or things requested, or what they haven't produced and why.
Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
I am producing all of the requested documents that exist. I am producing all of the requested documents in my possession. I have requested copies of additional documents and expect to produce them by ___________________________ (date).
Grounds For Motion ? A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding party's indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or ...
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
