[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Court Name] [Court Address] [City, State, Zip Code] Re: [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing this letter on behalf of [Your Client's Name], the defendant in the above-mentioned case, to request a Motion to Dismiss for Want of Prosecution. We believe that this motion is necessary due to the lack of progress in the prosecution of this case. Despite the passage of [indicate the period of time since the last substantive action], no significant steps have been taken by the plaintiff to move this case forward, which demonstrates a clear lack of diligence and intention to prosecute. The following key points support our motion: 1. Inactivity: Since the initiation of this case on [Case Initiation Date], there has been no meaningful progress in terms of discovery, settlement negotiations, or court proceedings. The plaintiff has failed to demonstrate any actions or intentions to move this case forward. 2. Failure to Comply: The plaintiff has not complied with the court's orders regarding discovery deadlines, document submissions, or any other necessary obligations. This non-compliance further highlights their lack of interest in prosecuting this case. 3. Prejudice to the Defendant: The prolonged delay in bringing this case to resolution has caused significant prejudice to the defendant. [Provide specific examples of how the defendant has been prejudiced, such as increased financial burden, emotional distress, or loss of evidence or witnesses]. Considering the above circumstances, I respectfully request that you grant the Motion to Dismiss for Want of Prosecution in this case. This dismissal will not only alleviate the undue burden placed on the defendant but also uphold the principles of justice and efficiency. In the event that you require any additional information or supporting documents to consider this motion, please do not hesitate to contact me at [Your Phone Number] or [Your Email Address]. I am available to provide any necessary assistance to facilitate a prompt resolution. Thank you for your attention to this matter, and I look forward to your favorable consideration of our motion. Sincerely, [Your Name] [Your Law Firm's Name] [Your Law Firm's Address] [City, State, Zip Code]
New Mexico Sample Letter for Motion to Dismiss for Want of Prosecution
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How to fill out New Mexico Sample Letter For Motion To Dismiss For Want Of Prosecution?
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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.
When a case is dismissed for want of prosecution, it means that the plaintiff failed to take some required action in the case, such as appearing for a court date, and as a result, the defendant won by default. The dismissal can be reversed, however, through a process known as reinstating the case.
Rule 1-045(A)(1)(d) NMRA. When a subpoena for production or inspection is issued, the party responsible for the issuance of the subpoena must provide timely notice to all parties of the issuance of the subpoena. Rule 1-045(B)(2) NMRA. The rule formerly provided only that the subpoenaed person "produce" the items.
1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.
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 ...
Judge Murphy noted that under Rule 1-041(E)(1), a party can move to dismiss an action with prejudice if the claimant has failed to take any significant action within two years, but that the action shall not be dismissed if the party opposing the motion is in compliance with a Rule 1-016 NMRA scheduling order.
(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim.
