New Mexico Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

State:
Multi-State
Control #:
US-MOT-01427
Format:
Word; 
Rich Text
Instant download

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This is a multi-state form covering the subject matter of the title.
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  • Preview Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
  • Preview Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

How to fill out Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?

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FAQ

(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 ...

To file a lawsuit you must fill out a Civil Complaint form, which can be obtained from: Customer Service on the 1st floor of the Courthouse; The Self-Help Center; or. The Metropolitan Court website. (.metrocourt.state.nm.us)

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.

New Mexico courts view summary judgment with disfavor, preferring a trial on the merits. Summary judgment may be proper when the movant has met its initial burden of establishing a prima facie case for summary judgment. The evidence adduced must result in reasonable inferences.

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) 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.

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New Mexico Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion