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Motion To Remand Case
Summary
If you want to remand your case to a lower court, file a motion with the Court of Appeals, citing the need to enforce discovery rules and present new evidence. Respond to any accusations of frivolity with strong evidence and arguments. Highlight procedural errors and new evidence, such as embezzlement, to strengthen your case. Follow up with the court clerk to ensure your motion is received and monitor the court docket for updates. If your previous attorney was inefficient, emphasize this in your motion. Consider consulting a local attorney for personalized advice.Full Conversation
I filed a motion in NM with the court of appeals, the opposite counsel accued me of being frivolous, I want the court to remand my case to the lower court so I can enforced the discovery rules, which were never enforced previoully, also new evidence shows that the defendant lied to the court at least twice, what are my options
Mauro, here are your options:
- Respond to the accusation of being frivolous with evidence supporting your motion.
- File a motion to remand the case to the lower court, citing the need to enforce discovery rules and present new evidence.
- Include evidence showing the defendant lied to strengthen your request.
Do you need more information on how to file these motions?
- Respond to the accusation of being frivolous with evidence supporting your motion.
- File a motion to remand the case to the lower court, citing the need to enforce discovery rules and present new evidence.
- Include evidence showing the defendant lied to strengthen your request.
Do you need more information on how to file these motions?
yes, according to what you write I can file a motion with the lower court even though the case is with appeals court at the moment!
Mauro, you can file a motion with the Court of Appeals to remand the case to the lower court. Clearly state the reasons: enforcing discovery rules and presenting new evidence.
Do you need guidance on drafting the motion to remand?
Do you need guidance on drafting the motion to remand?
How about if the oppose my motion! what should I do then
If the opposing counsel opposes your motion, you need to:
- Prepare a rebuttal to their opposition, presenting stronger evidence and arguments.
- Emphasize the importance of enforcing discovery rules and the impact of the new evidence.
- Highlight any procedural errors or misrepresentations made by the opposing party.
Would you like help drafting your rebuttal?
- Prepare a rebuttal to their opposition, presenting stronger evidence and arguments.
- Emphasize the importance of enforcing discovery rules and the impact of the new evidence.
- Highlight any procedural errors or misrepresentations made by the opposing party.
Would you like help drafting your rebuttal?
Yes Please
Mauro, when drafting your rebuttal, keep the following points in mind:
*. Introduce Your Motion: Clearly state that your motion to remand is critical to enforcing discovery rules and presenting new evidence.
*. Refute Opposing Counsel's Claims: Specifically address their arguments, providing evidence and legal reasoning to counter them.
*. Highlight New Evidence: Emphasize how the new evidence impacts the case and the necessity of addressing it at the lower court level.
*. Procedural Errors: Point out any procedural missteps or misrepresentations by the opposing party.
Would you like a template or example for drafting your rebuttal?
*. Introduce Your Motion: Clearly state that your motion to remand is critical to enforcing discovery rules and presenting new evidence.
*. Refute Opposing Counsel's Claims: Specifically address their arguments, providing evidence and legal reasoning to counter them.
*. Highlight New Evidence: Emphasize how the new evidence impacts the case and the necessity of addressing it at the lower court level.
*. Procedural Errors: Point out any procedural missteps or misrepresentations by the opposing party.
Would you like a template or example for drafting your rebuttal?
I sued my ex- for partner for $*,* and I just discvered that she embezzeld another $*,* her attorney knows this, and still she calls my filing frivolous, shoudl I bring the $*,* embezzelemt to the table, or should I wait till the case is back with the lower court?
You should bring the $*,* embezzlement to the table now. Presenting it as new evidence to the Court of Appeals strengthens your motion to remand the case to the lower court. This will highlight the seriousness of the claims and the necessity of enforcing discovery rules.
Would you like assistance in drafting the motion with this new evidence?
Would you like assistance in drafting the motion with this new evidence?
If they file an opposition to my motion, how can I be sure that the court of appeals get my motion so they can reamnd my case to the lower court!
You need to ensure that you follow the correct procedural steps:
- File your motion with the Court of Appeals, clearly detailing the reasons and new evidence.
- Follow up with the court clerk to confirm that your motion was received and filed correctly.
- Monitor the court docket to track the status of your motion.
Would you like guidance on how to follow up with the court clerk or monitor the court docket?
- File your motion with the Court of Appeals, clearly detailing the reasons and new evidence.
- Follow up with the court clerk to confirm that your motion was received and filed correctly.
- Monitor the court docket to track the status of your motion.
Would you like guidance on how to follow up with the court clerk or monitor the court docket?
Yes, Please
Mauro, to follow up with the court clerk and monitor the court docket:
*. Contact the Court Clerk: Call or email the clerk's office to confirm receipt and filing of your motion.
*. Check the Court Docket: Regularly review the court's online docket system to track updates on your motion.
Would you like the contact details for the Court of Appeals clerk's office?
*. Contact the Court Clerk: Call or email the clerk's office to confirm receipt and filing of your motion.
*. Check the Court Docket: Regularly review the court's online docket system to track updates on your motion.
Would you like the contact details for the Court of Appeals clerk's office?
Yes Please
New Mexico Court of Appeals Clerk's Office
Phone: (*) *-*
Website: https://www.nmcourts.gov/court-of-appeals/
Would you like to know how to draft the email or call the clerk for confirmation?
My attorney was inefficient when representing me, an the judge granted a summary judgement to opposite counsel without enforcing the rules of discovery, that's why I filed my motion to remand my case, I never was able to file ,or to ask one singlw interrogatory, the opposite counsel characterises me as frivolous, I have a case righT!
Mauro, it sounds like you have a strong basis for your motion to remand, especially with the new evidence of embezzlement. The key points are:
- Inefficiencies in your previous representation
- Failure to enforce discovery rules
- New evidence of embezzlement
Would you like more detailed information on how to present these points effectively in your motion?
- Inefficiencies in your previous representation
- Failure to enforce discovery rules
- New evidence of embezzlement
Would you like more detailed information on how to present these points effectively in your motion?
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