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Motion-General (Use In Open Case) - New Mexico

Motion-General (Use In Open Case) Form. This is a New Mexico form and can be used in Family Law 3rd Judicial District Local District Court .
 Fillable pdf Last Modified 12/20/2013
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FILING A MOTION HOW TO ASK THE COURT TO DO SOMETHING IN YOUR CASE ABOUT MOTIONS A MOTION is the name of the paper you file to ask a Judge to make a ruling or to take some action in your case. A MOTION DOES NOT START A LAWSUIT. If you want to start a lawsuit, this is not the right packet of forms. DO NOT use this packet if you are REOPENING your case. Filing a motion and reopening your case requires a different packet of forms. How to talk to the Judge There are only 2 ways to talk to the Judge in your case: 1. In writing by filing a MOTION (or responding to a motion); or 2. In person ONLY at a hearing when all other parties in the lawsuit are present. Talking to a Judge THESE DOCUMENTS ARE NOT INTENDED TO SUBSTITUTE FOR THE ADVICE OF A PRIVATE LAWYER. This information is provided as a courtesy ONLY. The court and the court's self-help center is not responsible for errors contained in these documents or for direct, indirect, special or consequential damages in connection with the furnishing of these materials. American LegalNet, Inc. www.FormsWorkFlow.com FILING A MOTION WHAT KIND OF MOTION IS RIGHT FOR YOU? HERE IS A LIST OF COMMON TYPES OF MOTIONS. THERE ARE CHECK BOXES ON THE MOTION FORM TO HELP YOU SELECT A COMMON TYPE OF MOTION. IF YOUR MOTION IS ABOUT SOMETHING DIFFERENT, YOU WILL WRITE IN THE NAME OF YOUR MOTION ON THE MOTION FORM. Common Types of Motions Motion to set aside (cancel) a default judgment - asks the court to cancel a default judgment and to let you have another chance to involve yourself in the lawsuit. Motion to modify or amend (change) an order - only a Judge can change an order. This motion tells the Judge you think an order needs changing. Motion to dismiss - asks the Judge to cancel your case. Motion to enforce an order - only a Judge can enforce an order. This motion tells the Judge what order you think needs enforcing. Motion to object to a report and decision - notifies the court you are objecting to the hearing officer's report and decision. Motion to reconsider - asks the Judge to reconsider a decision (ruling). Motion to continue (reschedule) a hearing/trial - asks the judge to reschedule the date and time of a hearing or trial. Motion for an interim (temporary) order - asks the court for an order before the end of your case. An interim order is temporary - it is good only until the Judges makes the final ruling in your case. WHATEVER YOUR MOTION IS ABOUT, FILING A MOTION IS A COMPLICATED PROCESS. THIS PACKET CONTAINS ONLY THE BASIC FORMS AND IS DESIGNED TO HELP YOU THROUGH THE BASIC STEPS REQUIRED TO ASK THE COURT TO DO SOMETHING IN YOUR CASE. American LegalNet, Inc. www.FormsWorkFlow.com New Mexico Third Judicial District Court FILING A MOTION Getting Started To begin this process, you MUST try to talk to all the other parties (or their lawyer, if they have one) to see if they AGREE with your motion. This step is REQUIRED. For more information, see Rule 1-1-007.1 NMRA. A copy of this rule is included in this packet. The only time you do not have to do this is 1) if you are filing a motion at the same time you are filing your petition or complaint OR 2) if there is a current order of protection between you and the other party and they do not have a lawyer. CONTACT THE OTHER PARTY(IES) or their lawyer if they have one They AGREE with your motion They DO NOT AGREE with your motion USE THESE FORMS USE THESE FORMS MOTION STIPULATED ORDER REQUEST FOR SETTING MOTION REQUEST FOR SETTING DETAILED INSTRUCTIONS START ON PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com FILING A MOTION Page 4 Type or print in black ink Fill out all blanks and check all boxes that apply. If there is not enough room on the form, write your information on another sheet of paper and staple the paper to the form. DO NOT write on the back of any page. HOW TO FILL OUT THE MOTION This form explains what you want, why you need this help, and what happened when you tried to talk to the other party or parties. Print in the Caption EXACTLY like the petition. If you are the Respondent on the petition, then you are the Respondent on your motion. Check the box or boxes that best describe what you want the court to do. There are more boxes on page 2. This page is very important. Tell the Judge if an order already exists on this matter. Print all the reasons WHY you are filing this motion. BE DETAILED. Remember contacting the other parties? This is where you tell the Judge what happened. Sign and fill out the signature block. Mail, hand deliver or fax one copy of your motion to every party in the case (or to their lawyer if they have one). American LegalNet, Inc. www.FormsWorkFlow.com FILING A MOTION Page 5 STIPULATED ORDER Use this form ONLY if all other parties AGREE with your motion. YOU fill the stipulated order - the Judge will not do this for you. Print in the Caption EXACTLY like the petition. If you are the Respondent on the petition, then you are the Respondent on your motion. Remember the box(es) you checked on the motion? That is the title of your motion - print it here. All parties (or their lawyer if they have one) must sign and fill out the signature blocks. This is a very basic order. If your request is complicated, this form may not work for you; you may need to prepare a different order. REQUEST FOR SETTING This form is REQUIRED, even if everyone agrees with your motion. This form asks for a hearing in front of the Judge. Print in the Caption EXACTLY like it appears on the petition. If you are the Respondent on the petition, you are the Respondent on your motion. Fill out all blanks and check all boxes. Be sure to put how long you think a hearing will take. The Request for Setting form requires envelopes Sign and fill out the signature block. This form requires letter-sized envelopes with first class postage on each: Address 1 envelope to you Address 1 envelope to each party (or to their lawyer if they have one) American LegalNet, Inc. www.FormsWorkFlow.com FILING A MOTION Page 6 COPY & SEPARATE YOUR FORMS INTO SETS A set looks like this COPY COPY ORIGINAL SET 1 YOUR MOTION Original for the court 1 copy for you 1 copy for each party 1 courtesy copy for the Judge SET 2 STIPULATED ORDER (Use ONLY if everyone AGREES) Original for the court 1 copy for you 1 copy for each party SET 3 REQUEST FOR SETTING Original for the court 1 copy for you 1 copy for each party 1 copy for the Judge FILE YOUR PAPERS AT THE COURT Go to the New Mexico District Courthouse at 201 W. Picacho,
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