Albuquerque New Mexico Motion for Presentment
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FAQ
Overview of Responding to a State Complaint In New Mexico, a defendant must serve the answer within 30 days after service of the summons and complaint (NMRA 1-012(A)). Alternatively, within that 30-day period, a defendant may file a pre-answer motion to dismiss, to strike, or for a more definite statement (NMRA 1-012).
The Court's Ruling The court must rule on the motion within 45 days after its filing, which seems to invite movants to seek mandamus relief if the court fails to timely rule. The court may not consider any evidence in deciding the motion.
A presentment hearing is a hearing where an unresolved issue is addressed by the presiding judge. Common reasons for a presentment hearing in Albuquerque include: One party refuses to sign a court order; or. One party has an issue with a court order resulting from a hearing.
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. ( )