[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Designation] [Name of the Court] [Court Address] [City, State, ZIP] Re: Motion to Discharge [Case Name and Number] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to formally submit a Motion to Discharge in regard to the aforementioned [Case Name and Number] pending before this honorable court. As counsel for the defendant [Defendant's Name], I kindly request the court's consideration on this matter. [Optional Paragraph: Provide a brief summary of the background information relevant to the case, if necessary.] As the circumstances of this case have undergone significant developments, it is in the best interest of justice to seek the court's permission to discharge the aforementioned case. The grounds for this motion are as follows: 1. Lack of Sufficient Evidence: Upon diligent review and analysis of the evidence presented thus far, it has become apparent that the prosecution has failed to provide sufficient evidence to prove the guilt or liability of the defendant. The evidence available lacks credibility, fails to meet the burden of proof, and is riddled with inconsistencies, leaving a reasonable doubt regarding the defendant's involvement. 2. Violation of Due Process: The defendant's constitutional rights to due process have been violated throughout the course of this case. The prosecution, through its actions or negligence, has failed to adhere to proper legal procedures, resulting in a compromised and unfair trial process. The defendant's fundamental rights have been undermined, and justice demands that this breach of due process be rectified through discharge. 3. Ineffective Assistance of Counsel: The defendant has endured the consequences of inadequate legal representation. The assigned counsel has exhibited incompetence, negligence, or conflicts of interest, which have detrimentally affected the defendant's ability to defend themselves adequately. This constitutional violation necessitates the discharge of the case. [Optional Paragraph: Mention any other relevant grounds for the Motion to Discharge, specific to the case at hand.] In light of the aforementioned grounds, we kindly request the court's favorable consideration of this motion and grant the discharge of the case. We believe that the principles of justice and fairness will be best served through the proposed discharge. Thank you for your attention to this matter. Should the court require any further documentation or clarification, please do not hesitate to contact me. We eagerly await the court's decision in this regard. Yours sincerely, [Your Name] [Your Designation] [Law Firm Name] [Law Firm Address] [City, State, ZIP]
New Mexico Sample Letter for Motion to Discharge
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How to fill out New Mexico Sample Letter For Motion To Discharge?
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A Motion to Dismiss is a formal document that would be filed in an court of law, usually soon after a case is brought to court. A Motion to Dismiss is essentially a request to have a case removed from court, or thrown out.
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 ...
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.
Requests to be permanently excused from jury service may be requested on the Voir Dire Questionnaire or in eJuror. If you requested a permanent excuse, you may call the Juror Information Line (1-800-240-6366 or 505-348-2073) two weeks prior to the start of your term to obtain the status of your request.
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.
Dismissal for failure to prosecute. Any action pending for six (6) months from the date the complaint is filed, in which the plaintiff or defendant asserting a counterclaim has failed to take all available steps to bring the matter to trial, shall be dismissed without prejudice.
Judge Murphy noted that under Rule 1-041(E)(1), a party can move to dismiss an action with prejudice if the claimant has failed to take any significant action within two years, but that the action shall not be dismissed if the party opposing the motion is in compliance with a Rule 1-016 NMRA scheduling order.
(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.
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.
