The New Mexico Motion to Compel and For Attorney's Fees and Expenses is a legal procedure utilized in the state of New Mexico to request the court to issue an order compelling the opposing party in a lawsuit to comply with certain requests or obligations. This motion is often filed when one party believes that the opposing party has failed or refused to provide necessary information, documents, or fulfill their legal duties during the litigation process. In New Mexico, there are different types of motions to compel and for attorney's fees and expenses which can be filed depending on the circumstances of the case: 1. Motion to Compel Discovery Responses: This type of motion is used when one party believes that the opposing party has not adequately responded to requests for information, documents, or other evidence during the discovery phase of litigation. The moving party, usually through their attorney, requests the court to order the opposing party to provide complete and truthful responses to their discovery requests. 2. Motion to Compel Deposition Testimony: If a witness, often a party or a third party, refuses to answer certain questions during a deposition, the party seeking the information can file a motion to compel. This motion asks the court to order the witness to provide the necessary testimony or information, ensuring that the discovery process is fair and comprehensive. 3. Motion for Attorney's Fees and Expenses: When one party believes that the opposing party's actions during the litigation process were in bad faith, frivolous, or without substantial justification, they can file a motion for attorney's fees and expenses. This motion requests the court to award the moving party reimbursement for the costs and fees incurred due to the opposing party's unreasonable behavior. 4. Combined Motion to Compel and For Attorney's Fees and Expenses: In some cases, a party may choose to file a combined motion to compel and for attorney's fees and expenses. This motion addresses both the need for the opposing party to comply with certain requests or obligations and seeks reimbursement for the legal costs associated with their failure to do so. It is worth noting that the success of these motions depends on various factors, including the specific circumstances, evidence presented, and the discretion of the court. It is crucial to consult with an experienced attorney who specializes in New Mexico law to properly navigate and prepare these motions.
New Mexico Motion to Compel and For Attorney's Fees and Expenses
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Filing the Answer The answer is due thirty (30) days after issuance of the summons, unless a different date is set by the Court. See Federal Bankruptcy Rule 7012 . The answer should admit or deny every allegation in the complaint and set forth any affirmative defenses that may be applicable.
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 ...
Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
(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.
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.
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 ...