New Mexico Motion for Trial Continuance - Personal Injury

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US-PI-0060
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This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

A New Mexico Motion for Trial Continuance — Personal Injury is a legal document filed in a New Mexico court by either the plaintiff or the defendant in a personal injury case, seeking to delay or reschedule the trial date. Such motions are typically filed when there are valid reasons, such as the unavailability of key witnesses, the need for further discovery, or the parties' engagement in settlement negotiations. In New Mexico, there may be different types of Motion for Trial Continuance pertaining to personal injury cases, including: 1. Standard Motion for Trial Continuance — Personal Injury: This is a general type of motion filed by either the plaintiff or defendant to request a rescheduling of the trial date due to legitimate reasons. It allows parties to ensure adequate preparation and presentation of their case, ensuring a fair and just trial. 2. Motion for Trial Continuance — Unavailable Witnesses: This particular motion is filed when essential witnesses, such as experts or key individuals, are unable to testify on the scheduled trial date due to reasons like illness, prior commitments, or unavailability. The party filing this motion must demonstrate that the testimony of the unavailable witnesses is crucial to the case. 3. Motion for Trial Continuance — Discovery Purposes: This motion is commonly used when either the plaintiff or defendant requires additional time for discovery — the process of gathering evidence and information — before proceeding to trial. The requesting party must specify the need for further discovery and explain how its absence would adversely affect their ability to present their case effectively. 4. Motion for Trial Continuance — Settlement Negotiations: In cases where parties are actively engaged in settlement negotiations, this motion is filed to allow additional time for parties to potentially reach a resolution outside of trial. The motion should provide a detailed explanation of the ongoing negotiations and how additional time would aid in reaching a possible agreement. 5. Emergency Motion for Trial Continuance: This type of motion is typically filed when unforeseen circumstances, such as sudden illness, incapacitation, or emergencies affecting the parties or their counsel, arise shortly before the trial date. It requests an immediate rescheduling of the trial to ensure fair and efficient proceedings. In summary, a New Mexico Motion for Trial Continuance — Personal Injury is a legal document seeking to postpone or reschedule a personal injury trial in New Mexico due to various valid reasons. These may include unavailability of key witnesses, the need for further discovery, ongoing settlement negotiations, or unforeseen emergencies. Different subtypes of the motion cater to specific circumstances encountered during the trial process.

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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 ...

New Mexico's Rule 1-123 requires parties to provide certain financial information within 45 days of being served with a divorce.

Response. Unless otherwise specifically provided in these rules, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within fifteen (15) days after service of the motion.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

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.

Rule 1-026 - General provisions governing discovery A. Discovery methods. Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental examinations and requests for admission.

The New Mexico supersedeas bond must be manucripted to guarantee the payment of the judgment and all costs that may be finally adjudged against the appellant if the appeal or writ of error is dismissed or the judgment or decision of the district court is affirmed.

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.

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,. Defendant. MOTION FOR CONTINUANCE. The Defendant/Plaintiff respectfully requests that this Court issue an Order continuing the. (pick one). ☐ ... Dec 1, 2014 — Good cause must be shown for continuance of a trial. RULE 41 ... the motion must file a written memorandum containing a short, concise statement ...This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which ... Motion for continuance for cause is addressed to the discretion of the court and the court's ruling will not be reversed unless there was an abuse of discretion ... The moving party should include an attestation, or equivalent statement or information, that they provided a copy of the pleading to the opposing party. B. A ... Section 44-3-8 - [Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance.] Universal Citation: NM Stat § 44-3-8 ( ... Justia - Motion To Continue - New Mexico - San Juan County - 11th Judicial District - Local District Court - Free Legal Forms - Justia Forms. Mar 30, 2014 — Judges should consult the applicable New Mexico rules for the complete text of the evidentiary standard and not rely solely on this chapter ... WHEREFORE, [name of Appellant or Appellee] requests that the Administrative Law Judge vacate the hearing on the merits currently scheduled for [date] and ... Branch, 306 N.C. 101 (1982) (failure to file continuance motion within time limits of G.S. 15A-952 constituted waiver, and trial court did not abuse discretion ...

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New Mexico Motion for Trial Continuance - Personal Injury