Rule 3-303 NMRA
Rule 3-303. Judgment on the pleadings.
Length: 166 wordsOfficial source
A. For claimant. A party seeking to recover upon a claim or counterclaim may, at
any time after an answer or a reply by the adverse party, move for judgment on the
pleadings in his favor upon all or any part thereof.
B. For defending party. A party against whom a claim or counterclaim is asserted
may, at any time, move for a judgment on the pleadings in his favor as to all or any part
thereof.
C. Motion and proceedings thereon. The motion shall be served by mail at least
five (5) days before the time fixed for the hearing. The judgment sought shall be
rendered forthwith if the pleadings, on file, show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of law. A
judgment on the pleadings may be rendered on the issue of liability alone although
there is a genuine issue as to the amount of damages.