New Mexico General Form of Complaint, Petition, or Declaration for Ejectment

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Multi-State
Control #:
US-01684BG
Format:
Word; 
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Description

An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A motion to recuse is a legal motion that asks the court to remove a judge from a case because they may be biased. A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case.

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.

Judges, judicial employees, and federal public defender employees nationwide are bound by ethics laws and prescribed codes of conduct. These govern the proper performance of official duties and limit certain outside activities to avoid conflicts of interest.

(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.

Submit a Complaint With New Mexico Office of the Attorney General's Electronic Complaint Submission (ECS) application, you can submit your complaint to our office without having to fill out paper forms.

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

The Director-Chief Counsel of the commission is designated as the Supreme Court's investigator for complaints involving the judges of the State Bar Court.

Complaints regarding the conduct of a New Mexico District or Magistrate Court Judge should be directed to the Chief Judge of that Court (unless they are the Chief Judge), or they may be directed to the NM Judicial Standards Commission.

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New Mexico General Form of Complaint, Petition, or Declaration for Ejectment