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See: certiorari. A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
A party that has filed a motion for extension of time must file a notice of appeal within thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice even if the motion for extension of time remains pending. The district court may grant the motion retroactively.
? Mandamus is a proper action to contest the validity of the secretary of state's action in failing to certify a party's nominees. State ex rel. Chavez v. Evans, 1968-NMSC-167, 79 N.M. 578, 446 P.
How to write a letter of reconsideration of appeal Confirm the recipient's information. ... Consider why you want a reconsideration. ... Find out why they passed. ... Support your request. ... Add a conclusion.
When you write an appeal letter, include facts and documentation that help support your case. Your letter should be clear about what you want to have happen and what outcome you are seeking. If you don't get a response right away, follow up with a second message or a phone call to check on the status of your appeal.
- A petition for a writ of certiorari must be filed within 20 days after final action by the court of appeals, and where the defendant's application is late, he is not entitled to consideration. State v. Weddle, 1966-NMCA-001, 79 N.M. 252, 442 P. 2d 210, aff'd, 1967-NMSC-027, 77 N.M. 417, 423 P.
The purpose of a motion to dismiss for failure to state a claim for relief is to test the legal sufficiency of the claim, not the facts that support it, and the possibility of recovery based on a state of facts provable under the claims bars dismissal. Trujillo v. Berry, 1987-NMCA-072, 106 N.M. 86, 738 P.