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Response To Motion - New Mexico

Response To Motion Form. This is a New Mexico form and can be used in Family Law 3rd Judicial District Local District Court .
 Fillable pdf Last Modified 1/14/2014
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RESPONSE TO MOTION INSTRUCTIONS AND COURT PAPERS How to file a response to a motion filed in the Third Judicial District Court, Dona Ana County, NM American LegalNet, Inc. www.FormsWorkFlow.com HOW TO FILE A RESPONSE TO A MOTION Third Judicial District Las Cruces, NM This packet has instructions and basic court forms to file a response to most motions. BUT, THERE ARE MANY DIFFERENT KINDS OF MOTIONS. It is possible this response will not be the right form for Inside This Packet: Instructions Response to Motion your situation - please seek the advice of an attorney to help you with your response. 4 pgs 3 pgs Representing yourself PRO SE (without a lawyer), means you are expected to know the law, prepare and file pleadings and present your case just like a lawyer is required to do. This packet is not a substitute for professional legal advice. A lawsuit is complicated and using legal forms without a lawyer's help can harm your legal rights The Court assumes no responsibility and accepts no liability for actions taken by users of these forms, including reliance on their contents. Court Staff can tell you about court procedures, rules, records, and forms. Court Staff cannot give legal advice about your rights or responsibilities. They cannot fill out these forms for you and they cannot tell you if you have properly presented your case. American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS 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. FILL OUT THE RESPONSE FORM IN THIS PACKET STEP 1 Response to Motion Print the caption just like it appears on the complaint or petition. On every page, fill out all blanks and check all boxes that apply to your situation. Read the important information on page 2 Page 1 How to File a Response to a Motion American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS If you do not agree with the motion, be very detailed about why you do not agree. Sign your name and print your name, address, and telephone number. Tell the court how and when you provided all other parties with a copy of your response. DO NOT skip this step. It is required under the Rules of Civil Procedure. Page 2 How to File a Response to a Motion American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS STEP 2 COPY YOUR RESPONSE How many copies you make depends on how many parties there are in the lawsuit. Make one copy for YOU and one copy for EACH party in the lawsuit. If you do not know how many parties are in your lawsuit, look at the first page of the complaint or the petition. STEP 3 FILE YOUR RESPONSE WITH THE COURT Bring your original AND your copies to the Third Judicial District Courthouse at 201 W. Picacho, Las Cruces, NM. The courthouse is open from 8-Noon and 1-5 Monday-Friday. Hand everything to the district court clerk. The district court clerk will file-stamp your paperwork, keeping the original for your court file and returning the copies to you. STEP 4 SERVE YOUR RESPONSE Provide one of the copies of your response to every other party (or to their lawyer, if they have one) in the lawsuit. You are allowed to do this by hand delivery or by first class mail. Page 3 How to File a Response to a Motion American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS STEP 5 WAIT . . . Once a hearing is scheduled, you will receive a notice in the mail. The notice lists your court date and time. STEP 6 ATTEND THE HEARING Attend the hearing on the day and at the time on the notice. Do not be late. Come prepared to present your case. STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 Write Copy File Serve Wait Hearing Page 4 How to File a Response to a Motion American LegalNet, Inc. www.FormsWorkFlow.com STATE OF NEW MEXICO COUNTY OF DOÑA ANA THIRD JUDICIAL DISTRICT COURT , Plaintiff/Petitioner, (print first, m iddle and last nam e) v. Case No. Judge: , Defendant/Respondent. (print first, m iddle and last nam e) RESPONSE TO MOTION 1. IDENTIFY YOURSELF: My nam e is PRINT YOUR NAME HERE . I represent m yself. I am the (U CHECK ONE OF THESE BOXES) PLAINTIFF or PETITIONER DEFENDANT or RESPONDENT 2. A. IDENTIFY THE MOTION: I am responding to the following m otion: (print the title of the motion on this line) M OTION (to or for): RESPONSE TO MOTION T hird Judicial D istrict C ourt (rev. 05/10) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com 3. YOUR RESPONSE: U CHECK ONE OF THESE BOXES: þ þ I AGREE with the m otion and it should be APPROVED. I DO NOT AGREE with the m otion and it should NOT BE APPROVED because: PRINT ALL THE REASONS WHY YOU DO NOT WANT THE JUDGE TO APPROVE THE MOTION ---------------------------> 4. RELIEF REQUESTED: I RESPECTFULLY ASK that the Court grant m y request in paragraph 3. I also ask that the Court award any other relief it considers fair, proper, and necessary. RESPONSE TO MOTION T hird Judicial D istrict C ourt (rev. 05/10) Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Respectfully subm itted, (SIGN YOUR NAME) (PRINT YOUR NAME) (YOUR MAILING ADDRESS) (CITY/STATE/ZIP) (YOUR TELEPHONE) PROOF OF SERVICE I certify that I delivered a copy of this RESPONSE TO MOTION to all other parties in this case (or their lawyer if they have one) at the address(es) listed below: (If there are more parties, attach more sheets) TO: (Name of other party or their lawyer if they have one) TO: (Name of other party or their lawyer if they have one) AT: (Their address) AT: (Their address) W HEN: (mo/day/year) W HEN: (mo/day/year) HOW : first-class m ail hand-delivery HOW : first-class m ail hand-delivery (SIGN YOUR NAME) OF NOTICE TO OPPOSING PARTY(IES): YOU HAVE THE RIGHT TO FILE A REPLY TO THIS RESPONSE TO MOTION OR YOU MAY FILE A NOTICE COMPLETION OF BRIEFING. FOR MORE IN FORMATION, PLEASE READ RULES 1.007.1A-H AND 1-005 NMRA. RESPONSE TO MOTION T hird Judicial D istrict C ourt (rev. 05/10) Page 3 of 3 American LegalNet, Inc. www.FormsWorkFlow.com
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