Rule 2-307 NMRA
Rule 2-307. Motions.
A. Defenses and objections which may be raised. Any matter that is capable of
determination without trial of the general issue, including defenses and objections, may
be raised before trial by motion. All motions shall state with particularity the grounds and
the relief sought.
B. Requirement of written motion. All motions, except motions made during a
pretrial conference or trial, or as may be permitted by the court, shall be in writing. A
copy of every written motion shall be served on each party or the party's attorney as
provided by Rule 2-203 NMRA. A motion for relief filed more than ninety (90) days after
entry of the judgment shall be served on the opposing party in the manner provided by
Rule 2-202 NMRA for service of a summons.
C. Unopposed motions. If both parties are represented by attorneys, prior to filing
a written motion, the moving party shall determine whether or not a motion will be
opposed. If the motion will not be opposed, an order approved by opposing counsel
shall accompany the motion.
D. Opposed motions. A motion filed by an attorney in a case in which the opposing
party is represented by an attorney shall recite that concurrence of opposing counsel
was requested or shall specify why no such request was made. The movant shall not
assume that the nature of the motion obviates the need for concurrence from opposing
counsel unless the motion is a:
(1)
motion to dismiss;
(2)
motion for new trial;
(3)
motion for judgment on the pleadings.
E. Notice and hearing. No written motion shall be considered by the court unless
served on each party or the party's attorney as required by these rules.