A New Mexico Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities is a legal document filed in a court proceeding to request the appointment of a special master or receiver to oversee the dissolution of a partnership, the disposal of its assets, and the settlement of all financial matters. Keywords for this content include: 1. New Mexico: Referring to the jurisdiction where the motion is being filed, indicating the specific laws and regulations that apply in this context. 2. Motion: A formal request made to a court, asking for a specific action or relief. 3. Appointment: The act of designating or selecting someone to fulfill a specific role or responsibility. 4. Special Master: An individual with expertise in the relevant field appointed by the court to handle complex or specialized aspects of a legal case. 5. Receiver: An independent person or entity appointed by the court to take custody and control of property or assets on behalf of the parties involved in a legal dispute. 6. Dissolve Partnership: The process of ending the legal relationship between partners in a business or professional venture. 7. Dispose of Assets: The act of selling, transferring, or otherwise dealing with the assets owned by the partnership in order to distribute them appropriately. 8. Settle all Affairs: Resolving any outstanding matters, debts, liabilities, or ongoing obligations related to the partnership. Different types or variations of the New Mexico Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities could include: 1. Voluntary Dissolution: When all partners agree to dissolve the partnership willingly, without any conflicts or disputes. 2. Involuntary Dissolution: When one or more partners seek to dissolve the partnership against the wishes of others, often due to irreconcilable differences or breaches of partnership agreements. 3. Dissolution with Contested Assets: When there are disagreements among the partners regarding the ownership or valuation of specific assets, leading to disputes during the dissolution process. 4. Emergency Appointment: Where immediate intervention is necessary, such as when there is evidence of misappropriation of partnership assets or fraud, requiring the urgent appointment of a receiver to safeguard the interests of the partners. 5. Dissolution with Debt Settlement: When the partnership has outstanding debts or liabilities that need to be addressed and resolved before the dissolution can be finalized, involving negotiations with creditors or third parties. It is important to note that specific circumstances, legal requirements, and variations may exist beyond the provided examples. Consulting an attorney or legal professional is advised for accurate and comprehensive guidance in drafting or understanding such a motion.
New Mexico Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities
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Proof of service of process. When service is made by the sheriff or a deputy sheriff of the county in New Mexico, proof of service shall be by certificate; and when made by a person other than a sheriff or a deputy sheriff of a New Mexico county, proof of service shall be made by affidavit.
The Supreme Court of New Mexico has outlined the elements of malicious abuse of process as: ?(1) the use of process in a judicial proceeding that would be improper in the regular prosecution or defense of a claim or charge; (2) a primary motive in the use of process to accomplish an illegitimate end; and (3) damages.? ...
(1) Service may be made upon the State of New Mexico or a political subdivision of the state: (a) in any action in which the state is named a party defendant, by delivering a copy of the process to the governor and to the attorney general; (b) in any action in which a branch, agency, bureau, department, commission 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.
Filing Motions A motion must be in writing and must specifically state the grounds for the motion and the relief sought. The party filing the motion (the ?movant?) must request concurrence of each party at least three working days before filing the motion.
(3) Service may be made by mail or commercial courier service provided that the envelope is addressed to the named defendant and further provided that the defendant or a person authorized by appointment, by law or by this rule to accept service of process upon the defendant signs a receipt for the envelope or package ...