Summary
If your case is in the Court of Appeals, you cannot file a motion to vacate the summary judgment in the lower court until the appeal is resolved. You can raise issues like alleged falsehoods during the appeal. In New Mexico, appeals typically require showing a legal error or procedural issue in the lower courts decision. Possible grounds for appeal include misapplication of law, procedural errors, evidentiary issues, or judicial misconduct.Full Conversation
My case is in the court of appeals waiting to get the case back to the lower court so I can file my interrogatories, and the proper discovery rules can be applied, my expartner lied to the court in how she paid me my seed money, if my case is in the appeals court can I file a motion to vacate the summary jedgement?
If your case is currently in the Court of Appeals, you generally cannot file a motion to vacate the summary judgment in the lower court until the appeals process is complete. Instead, you may raise the issue of the alleged lie as part of your appeal.
What specific grounds are you citing in your appeal?
Good idea, thank you
It's important to address the grounds of your appeal effectively. In New Mexico, you typically need to demonstrate that there was a legal error or significant procedural issue in the lower court's decision.
- Possible Grounds for Appeal:
- Misapplication of law
- Procedural errors
- Evidentiary issues
- Judicial misconduct
Would you like more detailed information on any of these grounds?
yes, my ex-partner lied to the court, shee gave two different versions of how she paid me back, and both versions atre not true
You may have a strong case for appeal based on evidentiary issues if you can prove your ex-partner's statements were false and affected the judgment.
Would you like more information on how to present evidence or any specific rules regarding false statements and evidentiary issues in New Mexico?
Yes
Sure, ****! Here’s some information on presenting evidence and addressing false statements in New Mexico:
- Presenting Evidence: Gather all relevant documentation, communications, and witness testimonies that contradict your ex-partner's statements.
- False Statements: Demonstrate how the false statements directly affected the court's decision.
Would you like guidance on preparing these documents or any specific rules?
yes
To prepare your documents and address false statements in New Mexico, follow these steps:
- Gather Documentation: Collect any emails, text messages, bank statements, or other records that contradict your ex-partner's statements.
- Witness Testimonies: Obtain written statements from any witnesses who can verify your version of events.
- Organize Evidence: Clearly label and organize your evidence to present it effectively in court.
- Legal Rules: Review New Mexico's rules on evidence (NMRA *-* to *-*).
Would you need assistance finding specific forms or understanding the rules of evidence in more detail?
yes please
Sure, ****! Here’s more detailed information on New Mexico's rules of evidence and forms:
- Rules of Evidence: Review NMRA *-* to *-* for guidelines on admissible evidence.
- Forms: You may need forms such as subpoenas for witnesses or document requests.
Would you like help locating these forms or further explanation on any specific rule?
yes
Sure, ****! Here are some resources to help you with your evidence and forms:
New Mexico Judicial Branch Website
Website: www.nmcourts.gov
This site will provide the forms you need, including subpoenas and document requests. You can also find the New Mexico Rules of Evidence (NMRA *-* to *-*) on this website.
Would you like assistance with any specific form or rule?
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