This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
New Mexico Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
Rule 1-025 - Substitution of parties A. Death. (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.
Rule 1-015 NMRA permits the voluntary dismissal of individual claims that make up an 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.
Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the method of service.
New Mexico Rule 1-015 allows a party to amend a pleading (motion or petition) after it has been filed. This rule allows you to add information to your petition or motion after it is filed in your custody or divorce case in New Mexico.
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.
The standard of review for summary judgment is well settled in New Mexico. Summary judgment should be granted if there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter oflaw.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.