Filing Motion Court Appeals

Summary

In New Mexico, you can file a motion with the Court of Appeals despite opposition from the opposing counsel. Ensure compliance with the New Mexico Rules of Appellate Procedure, such as Rule 12-302 NMRA for general requirements, Rule 12-309 NMRA for timing, and Rule 12-318 NMRA for format and content. Draft your motion clearly, file it timely, serve the opposing party, and include supporting documents. There are no specific statutes preventing you from filing, but adherence to procedural rules is crucial.

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The Im arguing with the lower court about a stay of execution granted to the opposite counsel, I also want to file a motion with the court of appeals which presently have the case lloking into wether it should be remande so the discovery rules can be enforced, the opposite counsel is against me filing with the court of appeals. please advise
Hi ****, it seems like you're dealing with a complex situation. In New Mexico, you can file a motion to the Court of Appeals even if the opposing counsel is against it. Here are some general steps you can take:
- Ensure your motion is timely filed according to New Mexico Rules of Appellate Procedure.
- Clearly state the grounds for your motion.
- Provide supporting evidence and legal arguments.
Would you like more detailed information on the filing process?
Yes!...
In New Mexico, the process for filing a motion with the Court of Appeals generally involves the following steps:
- Draft your motion: Clearly outline the relief you are seeking and the legal basis for your request.
- File with the court: Submit your motion to the Court of Appeals, ensuring it adheres to the New Mexico Rules of Appellate Procedure.
- Serve the opposing party: Deliver a copy to the opposing counsel.
- Include supporting documents: Attach any necessary evidence or legal documentation.
Would you like more information on any specific step?
Quick question, are there any reles or statutes that prevent me for filing a motion with the New Mexico court of appeals?
There are no specific rules or statutes in New Mexico that prevent you from filing a motion with the Court of Appeals. However, you must adhere to the New Mexico Rules of Appellate Procedure.
Do you need more details on any particular rule or procedural step?
yes please
Alright, ****. Here are some key rules from the New Mexico Rules of Appellate Procedure that you should be aware of:
- Rule *-* NMRA: This rule outlines the general requirements for filing motions with the Court of Appeals.
- Rule *-* NMRA: This rule covers the timing and deadlines for filing motions.
- Rule *-* NMRA: This rule discusses the format and content required for motions.
Would you like more details on any of these specific rules?