[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP Code] Subject: Proposed Order Granting Summary Judgment Dear [Judge's Last Name], I hope this letter finds you well. I am writing to request your consideration of the proposed order granting summary judgment in the case of [Plaintiff's Name] v. [Defendant's Name], currently pending before this honorable court. As the prevailing party, we believe the facts of the case are clear, and there is no genuine dispute regarding any material fact. The following is a detailed description of the nature of the case and the grounds for our request. Case Background: The case of [Plaintiff's Name] v. [Defendant's Name] centers around [briefly describe the underlying dispute or issue]. The claimant, [Plaintiff's Name], alleges [summarize the allegations made by the plaintiff]. On the other hand, the defendant, [Defendant's Name], denies these allegations and contends [briefly describe the defendant's position]. Summary Judgment Grounds: We respectfully submit that summary judgment should be granted based on the following grounds: 1. Lack of Genuine Dispute: The evidence presented during the discovery phase conclusively establishes the lack of any genuine dispute as to the material facts of the case. The plaintiff has failed to provide any admissible evidence supporting their claims, while the defendant has presented irrefutable evidence disproving the said claims. 2. Applicable Law: The undisputed facts in this case warrant a judgment in favor of the defendant based on the applicable New Mexico law. As outlined in [cite relevant statutes or case law], the plaintiff's claims are without merit under the current legal framework. 3. Precedent: Previous rulings in similar cases within the jurisdiction of this honorable court have consistently favored the defendant in circumstances closely resembling the present matter. These cases serve as persuasive authority supporting the granting of summary judgment in this case. Proposed Order Granting Summary Judgment: Attached herewith is the proposed order granting summary judgment for your consideration. The proposed order accurately reflects the arguments, applicable law, and factual circumstances of the case. We kindly request that you review and, if deemed appropriate, sign the proposed order to expedite the resolution of this matter. Conclusion: Considering the aforementioned grounds and the merits of our case, we respectfully urge your prompt consideration of the proposed order granting summary judgment. We firmly believe that there are no genuine disputes of material facts and that the law supports a judgment in favor of the defendant. Thank you for your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me at [Your Phone Number] or via email at [Your Email Address]. Yours sincerely, [Your Name]
New Mexico Sample Letter for Proposed Order Granting Summary Judgment
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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.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...
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 ...
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.
Rule 1-045(A)(1)(d) NMRA. When a subpoena for production or inspection is issued, the party responsible for the issuance of the subpoena must provide timely notice to all parties of the issuance of the subpoena. Rule 1-045(B)(2) NMRA. The rule formerly provided only that the subpoenaed person "produce" the items.
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.
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.
1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.
