This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
New Mexico Complaint for Injunction - Covenant not to compete
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Multi-State
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US-CMP-10058
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Word;
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How to fill out Complaint For Injunction - Covenant Not To Compete?
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FAQ
Many businesses in New Mexico include restrictive covenants, which are also known as covenants not to compete, non-competition agreements, and non-compete agreements, in employment contracts or severance agreements in order to protect their business interests.
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 ...
(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.
The essence of this rule is to preclude restriction of one's conduct or activities without first giving notice and a hearing to the one to be restrained. In re Doe, 1983-NMCA-025, 99 N.M. 517, 660 P. 2d 607. Notice is necessary for consolidated hearing on injunction.
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.? ...
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.
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.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.