New Mexico Certificate of Commencement Case - B 206

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Control #:
US-B-206
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Description

This form is a certificate of commencement of a case. The certificate must be signed by the clerk of the bankruptcy court.

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FAQ

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 ...

(3) Service may be made by mail or commercial courier service provided that the envelope is addressed to the named defendant and further provided that the defendant or a person authorized by appointment, by law or by this rule to accept service of process upon the defendant signs a receipt for the envelope or package ...

The Supreme Court of New Mexico has outlined the elements of malicious abuse of process as: ?(1) the use of process in a judicial proceeding that would be improper in the regular prosecution or defense of a claim or charge; (2) a primary motive in the use of process to accomplish an illegitimate end; and (3) damages.? ...

A subpoena that fails to allow reasonable time for compliance is subject to a motion to quash. NM RCP 1-045 (C)(3)(a)(i) (amended eff 12/1/20). A party desiring to take the deposition of any person upon oral examination shall give at least ten (10) days notice in writing to every other party to the action.

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.

(1) Service may be made upon the State of New Mexico or a political subdivision of the state: (a) in any action in which the state is named a party defendant, by delivering a copy of the process to the governor and to the attorney general; (b) in any action in which a branch, agency, bureau, department, commission or ...

Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.

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New Mexico Certificate of Commencement Case - B 206