New Mexico Demand for Discovery in an Action for an Accounting

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Multi-State
Control #:
US-L0107C
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Word; 
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Description

This document is the plaintiff's demand for discovery in a lawsuit filed by a former partner seeking an accounting of his former firm, when the partnership agreement did not provide for an accounting. It contains a request for production of documents.


What is New Mexico Demand for Discovery in an Action for an Accounting? In legal terms, a New Mexico Demand for Discovery in an Action for an Accounting refers to a formal request made by one party involved in a legal action seeking an accounting from another party. This accounting typically involves financial records, documents, and other relevant information that pertains to the financial affairs and transactions between the parties in question. The demand for discovery in such cases is an essential tool that allows parties to gather necessary evidence and ensure transparency in accounting matters. By filing a demand for discovery, the requesting party aims to gain access to financial records and documents, which can include bank statements, invoices, contracts, receipts, and tax returns, among others. This information can be crucial in determining the accuracy, validity, and completeness of financial statements or uncovering potential fraudulent activities. Types of New Mexico Demand for Discovery in an Action for an Accounting: 1. General Demand for Discovery: This type of demand covers a broad range of financial documents and records related to the accounting in question. It seeks to obtain a comprehensive overview of the financial affairs and transactions of the other party. 2. Specific Demand for Discovery: In some cases, a party may have specific documents or records in mind that they believe are crucial to the accounting. This type of demand allows them to specifically request the production of those identified documents. 3. Accounting in Business Dissolution: In the context of business dissolution or partnership disputes, a demand for discovery in an action for accounting may involve unraveling financial intricacies, examining business records, determining the fair distribution of assets and liabilities, and ensuring an accurate calculation of profits or losses. 4. Demand for Expert Witnesses or Forensic Accountants: In more complex accounting cases, a party may require the assistance of expert witnesses or forensic accountants. In such situations, a demand for discovery may be made to gather information regarding the qualifications, findings, and reports of these professionals to strengthen the case. It is important to note that the specific requirements and procedures for filing a New Mexico Demand for Discovery in an Action for an Accounting may vary depending on the court jurisdiction and the specific rules prescribed by the court. It is advisable to consult with a qualified attorney familiar with New Mexico law to properly navigate this legal process.

What is New Mexico Demand for Discovery in an Action for an Accounting? In legal terms, a New Mexico Demand for Discovery in an Action for an Accounting refers to a formal request made by one party involved in a legal action seeking an accounting from another party. This accounting typically involves financial records, documents, and other relevant information that pertains to the financial affairs and transactions between the parties in question. The demand for discovery in such cases is an essential tool that allows parties to gather necessary evidence and ensure transparency in accounting matters. By filing a demand for discovery, the requesting party aims to gain access to financial records and documents, which can include bank statements, invoices, contracts, receipts, and tax returns, among others. This information can be crucial in determining the accuracy, validity, and completeness of financial statements or uncovering potential fraudulent activities. Types of New Mexico Demand for Discovery in an Action for an Accounting: 1. General Demand for Discovery: This type of demand covers a broad range of financial documents and records related to the accounting in question. It seeks to obtain a comprehensive overview of the financial affairs and transactions of the other party. 2. Specific Demand for Discovery: In some cases, a party may have specific documents or records in mind that they believe are crucial to the accounting. This type of demand allows them to specifically request the production of those identified documents. 3. Accounting in Business Dissolution: In the context of business dissolution or partnership disputes, a demand for discovery in an action for accounting may involve unraveling financial intricacies, examining business records, determining the fair distribution of assets and liabilities, and ensuring an accurate calculation of profits or losses. 4. Demand for Expert Witnesses or Forensic Accountants: In more complex accounting cases, a party may require the assistance of expert witnesses or forensic accountants. In such situations, a demand for discovery may be made to gather information regarding the qualifications, findings, and reports of these professionals to strengthen the case. It is important to note that the specific requirements and procedures for filing a New Mexico Demand for Discovery in an Action for an Accounting may vary depending on the court jurisdiction and the specific rules prescribed by the court. It is advisable to consult with a qualified attorney familiar with New Mexico law to properly navigate this legal process.

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FAQ

Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...

A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.

Parties may obtain discovery of any information, not privileged, which is relevant to the subject matter involved in the pending action. The information sought need not be admissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Motions to compel or for sanctions: (1) Staff or a party may move for an order compelling discovery or for sanctions for failure to comply with an order directing that discovery be had as provided in the New Mexico rules of civil procedure for the district courts.

Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding fifty (50) in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or ...

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.

Request for admission. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth.

If the court grants your attorney's motion to compel discovery, the other party must comply with the judge's order and supply the requested materials within any deadline specified. If they fail to do so, sanctions can be issued in varying levels of severity depending on how egregious their noncompliance was.

More info

However, the party or staff making a discovery request shall file a certificate indicating the date of service. (2) Unless the commission or presiding ... The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or ...Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental ... Oct 11, 2016 — Equitable accounting. The second action is equitable accounting, “where the plaintiff lacks a legal right to an accounting, but one is ... Jul 1, 2023 — In the alternative, if the supplier is a sole source supplier, fill out the Sole Source Request for ... If the personnel action request is outside ... If a party does not respond to a discovery request, the party seeking discovery can file a motion asking the judge to compel discovery and impose sanctions. The parties shall file only certificates of service regarding discovery. Page 11. 22.600.6 NMAC. 9 requests and productions unless the hearing officer requires ... Directions for downloading forms. Expand the folders below to find what you are looking for. You can also search for a file. If you click on a folder and ... Jun 10, 2013 — This article's purpose is to provide a guide for properly responding (and objecting) to interrogatories and production requests under the Texas. Applying the discovery rule, the tenant's cause of action accrued no later ... first demanding the rent due and claiming the landlord's lien as required under ...

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New Mexico Demand for Discovery in an Action for an Accounting