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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.
Dismissal for failure to prosecute. Any action pending for six (6) months from the date the complaint is filed, in which the plaintiff or defendant asserting a counterclaim has failed to take all available steps to bring the matter to trial, shall be dismissed without prejudice.
(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.
Once entered, a judgment is enforceable in New Mexico for fourteen years and cannot be renewed.
The court must set aside a default judgment if you: have paid the whole amount owed (including any interest and costs) before the date the creditor entered judgment; sent back the acknowledgment of service form within the time limit; put in a defence within the time limit; or.
New Mexico Rule 1-007 involves motions that are filed in family court. New Mexico family courts are increasingly enforcing the requirement to file a ?notice of completion of briefing.? This notice alerts the assigned judge that the time for filing a response has passed and that the filed motion is ready to be heard.
Execution of a Judgment is the legal process of enforcing a Judgment by seizing and selling the Debtor's property. A Writ of Execution permits the Sheriff to take and sell the Debtor's property.
(NRCP 60(b)-(c); JCRCP 60(b)-(c).) A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.