Rule 10-111 NMRA

Rule 10-111. Motions; how and when presented.

Last amended: 2013Year: 2013Length: 478 wordsOfficial source
A. Requirement of written motion; time for filing. All motions, except motions made during trial, or as may be permitted by the court, shall be in writing and shall state with particularity the grounds and the relief sought. All pre-adjudicatory motions shall be filed at least twenty-five (25) days prior to any adjudicatory hearing except by leave of court. B. Unopposed motions. The moving party shall determine whether or not a motion will be opposed. If the motion will not be opposed, an order approved by all other counsel and parties pro se shall accompany the motion. C. Opposed motions. The motion shall recite that concurrence of all other counsel and parties pro se 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 seeking concurrence unless the motion is a: (1) motion to dismiss; (2) motion for new trial; (3) motion for judgment notwithstanding the verdict; (4) motion for summary judgment in an abuse or neglect proceeding or in a termination of parental rights proceeding; (5) motion for an ex parte custody order in an abuse or neglect proceeding; or (6) motion for relief from a final judgment, order or proceeding in an abuse or neglect proceeding or a termination of parental rights proceeding pursuant to Paragraph B of Rule 1-060 NMRA of the Rules of Civil Procedure for the District Courts. Notwithstanding the provisions of any other rule, counsel may file with any opposed motion a brief or supporting points with citations or authorities. If the motion requires consideration of facts not of record, the moving party shall file copies of all affidavits, depositions or other documentary evidence to be presented in support of the motion. Motions to amend pleadings shall have attached the proposed pleading. A motion for judgment on the pleadings presenting matters outside the pleading shall comply with Rule 1-056 NMRA of the Rules of Civil Procedure for the District Courts. A motion for new trial in a neglect or abuse, termination of parental rights or delinquency proceeding shall comply with Rule 10-146 NMRA of these rules. D. Response. Unless otherwise specifically provided in these rules or by the Children's Code, any written response and all affidavits, depositions or other documentary evidence in support of the response shall be filed within ten (10) days after service of the motion. A motion for new trial in a delinquency proceeding shall comply with Rule 5-614 NMRA of the Rules of Criminal Procedure for the District Courts. E. Reply brief. Any reply brief shall be filed within five (5) days after service of any written response. F. Request for hearing. A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court.
Rule 10-111 NMRA: Rule 10-111. Motions; how and when presented. | Justis AI