Summary
Filing a notice of appeal under Rule 12-302 NMRA involves submitting it to the appellate court clerk and serving all parties. If the appeals court considers remanding your case for discovery, it can impact your strategy. Despite opposition from opposing counsel, you can proceed if you follow the rules correctly. Filing motions in both appellate and lower courts requires addressing specific court requirements. Ensure proper notification for hearings to maintain fair proceedings. Consider consulting a lawyer for tailored advice.Full Conversation
please outline - Rule *-* NMRA:
Sure, Mauro. Here's a brief outline of Rule *-* NMRA:
- Title: Rule *-* NMRA - Filing and Service of Notice of Appeal
- Scope: Defines the procedures for filing and serving a notice of appeal.
- Filing:
- Must be filed with the appellate court clerk.
- Includes requirements for the contents and format.
- Service:
- Must serve all parties involved.
- Outlines methods of service and proof of service.
Do you need any further details on this rule or have another question?
Yes, I already served a copy to opposite counse, they oppose my filing, the appeals court is deciding wheter toremand my case to the lower court so the discovery rules can be enforced, advice please
Mauro, it sounds like you're in a complex situation. The appeals court's decision to remand for discovery rule enforcement can be significant. Have you considered how remanding might impact your case timeline or strategy? If you need detailed advice, consulting a lawyer might be beneficial.
If me case is remaned to the lower court I'll be able to direct my interrogatories, and ask my expartner why she took some much money fro me!
Mauro, if your case is remanded to the lower court, you'll indeed get the opportunity to conduct discovery, including issuing interrogatories. This can help you gather evidence and question your ex-partner regarding the money taken from you.
Have you prepared the specific questions you want to ask in your interrogatories?
I have all of my interrogatories, the question is the opposite counsel is oppose to my filing to the court of appeals you sure I can file if I follow the rules right!
If you have followed the rules as outlined in Rule *-* NMRA and properly filed and served the notice of appeal, you should be able to proceed. The opposition from the opposite counsel is not uncommon. However, the appeals court will ultimately decide on the validity of your filing. Consulting with a lawyer for more tailored advice could be beneficial.
Have you received any specific feedback from the appeals court regarding your filing?
I'm pro se
Mauro, being pro se can be challenging, but it sounds like you're on the right track. If you've followed Rule *-* NMRA correctly, you should be able to proceed despite opposition. The court's decision will be crucial. Have you received any specific feedback or documents from the appeals court yet?
Not yet, Im waiting
Mauro, while you're waiting for feedback from the appeals court, it's essential to stay prepared. Make sure your interrogatories are well-drafted and clearly focused on the information you need. Keep all your documents organized and be ready to respond promptly. Good luck! If you need more detailed advice, consider consulting with a lawyer.
Please help me drafting a motion with the appeals court!
Sure, Mauro! Here is a concise draft for your motion:
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~[Your Name] Mauro Nava
~[Your Address]
~[City, State, Zip Code]
~[Phone Number]
~[Email Address]
~[Date]
~[Appellate Court Name]
~[Address of Appellate Court]
~[City, State, Zip Code]
~Re: Case No. [Your Case Number]
~Title: Motion to Remand for Enforcement of Discovery Rules
Dear [Appellate Court Name],
I, Mauro Nava, the appellant in the above-referenced case, respectfully submit this motion to remand the case to the lower court for the enforcement of discovery rules.
~Background:
- The lower court's decision has been appealed due to [brief reason for appeal].
- I have served a copy of the notice of appeal to the opposing counsel in compliance with Rule *-* NMRA.
- The opposing counsel has opposed my filing, and the appeals court is currently deciding on remanding the case.
~Argument:
- Remanding the case to the lower court will allow for proper enforcement of discovery rules.
- This will enable me to issue interrogatories and gather essential evidence, particularly questioning my ex-partner regarding significant financial discrepancies.
- Proper discovery is crucial for a fair and just resolution of the case.
~Conclusion:
Given the importance of discovery in this matter, I respectfully request the appeals court to remand the case to the lower court to enforce discovery rules.
Thank you for your consideration.
Sincerely,
~Mauro Nava
~[Your Signature]
---
Would you like to add or modify anything in this draft?
I wrote a stay of a writ of execution for the court of appeals, and the opposite counsel oppose it of course, i also want to file a similar motion with the lower court mainly beacause i was not notified of a hearing in which the court granted the writ to the opposite party, can Im still file my motion with the lower court?
Yes, you can file a motion with the lower court if you believe you were not properly notified of the hearing. It’s important to follow the proper procedures and rules for filing such a motion.
Would you like help drafting that motion?
I alresdy notified the opposite counsel, and they wrote me a email opposing it, I still can file correct, ebven though there is oppositionto it!
Yes, Mauro, you can still file your motion even if the opposing counsel opposes it. The court will review both sides and make a decision. Have you prepared the specific content for the motion you intend to file with the lower court?
Yes, followin the *-* NMR rules I informed the opposite counsel of my intentions!
Mauro, it's good to hear that you've informed the opposite counsel as per the rules. You're correct that you can still file your motion even if the opposite counsel opposes it. Would you like any further assistance with the content of your motion?
My motion to the appeals court is similar to the motion for the lower court, arguing why a stay for the writ of execution should be thrown out, I'm making a mistake?
Mauro, it's not necessarily a mistake to use similar arguments in both motions. However, ensure that each motion addresses the specific requirements and context of the respective courts. Tailoring your arguments and including any unique aspects of each court's rules will strengthen your case.
Would you like assistance in refining your motions for both courts?
Yes!
Sure, Mauro! Here’s a refined draft for your motion to the lower court:
---
[Your Name]
Mauro Nava
[Your Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
[Lower Court Name]
[Address of Lower Court]
[City, State, Zip Code]
Re: Case No. [Your Case Number]
Title: Motion to Stay Writ of Execution
Dear [Lower Court Name],
I, Mauro Nava, respectfully submit this motion to stay the writ of execution granted to the opposite party.
Background:
- The writ of execution was granted without proper notification to me regarding the hearing.
- I have informed the opposing counsel of my intention to file this motion as per Rule *-* NMRA.
- The opposing counsel has expressed opposition to this motion.
Argument:
- Proper notification of hearings is essential to ensure fair legal proceedings.
- The lack of notification has deprived me of the opportunity to present my case.
- Staying the writ of execution is necessary to prevent unjust actions while this matter is appropriatelyresolved.
Conclusion:
In light of the above, I respectfully request the court to stay the writ of execution and ensure proper notification for all future hearings concerning this matter.
Thank you for your consideration.
Sincerely,
Mauro Nava
[Your Signature]
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Would you like any modifications or additions to this draft?
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