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Stay Of Execution Motion
Summary
To request a stay of execution in New Mexico, draft a motion highlighting substantial legal questions, potential irreparable harm, and public interest. Include any misleading statements by the defendant, such as false claims about payments or property transfers. Cite precedents like Nken v. Holder and Hilton v. Braunskill to strengthen your position, focusing on criteria like likelihood of success and balance of hardships. Consider consulting a local attorney for personalized guidance.Full Conversation
Please help me drat a motion asking a NM court for a stay for a writ of execution, pending the cort of appeals decision in bringing the case to the lower court, so the rules of discovery can be enforced!
Hi ****! Below is a general template for drafting a motion to request a stay for a writ of execution in New Mexico, pending the Court of Appeals decision:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Motion for Stay of Writ of Execution Pending Appeal Decision
To the Honorable Judge of the [Court Name]:
I, [Your Name], respectfully request a stay of the writ of execution in the above-referenced case pending the decision of the Court of Appeals. In support of this motion, I state the following:
*. Background:
- On [Date], the [Court Name] issued a writ of execution against me.
- I have filed an appeal with the Court of Appeals, case number [Appeal Case Number], challenging the decision.
*. Grounds for Stay - The appeal raises substantial legal questions and has a likelihood of success on the merits.
- Enforcement of the writ of execution would cause irreparable harm.
- The stay is in the public interest and will not harm the opposing party.
*. Discovery Rules:
- A stay is necessary to ensure that the rules of discovery can be properly enforced in the lower court.
- Discovery is essential for a fair and just resolution of the case.
*. Conclusion:
- For the reasons stated above, I respectfully request that the court grant a stay of the writ of execution pending the Court of Appeals decision.
[Your Name]
[Your Signature]
[Date]**
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Would you like any additional details or modifications to this template?
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Motion for Stay of Writ of Execution Pending Appeal Decision
To the Honorable Judge of the [Court Name]:
I, [Your Name], respectfully request a stay of the writ of execution in the above-referenced case pending the decision of the Court of Appeals. In support of this motion, I state the following:
*. Background:
- On [Date], the [Court Name] issued a writ of execution against me.
- I have filed an appeal with the Court of Appeals, case number [Appeal Case Number], challenging the decision.
*. Grounds for Stay - The appeal raises substantial legal questions and has a likelihood of success on the merits.
- Enforcement of the writ of execution would cause irreparable harm.
- The stay is in the public interest and will not harm the opposing party.
*. Discovery Rules:
- A stay is necessary to ensure that the rules of discovery can be properly enforced in the lower court.
- Discovery is essential for a fair and just resolution of the case.
*. Conclusion:
- For the reasons stated above, I respectfully request that the court grant a stay of the writ of execution pending the Court of Appeals decision.
[Your Name]
[Your Signature]
[Date]**
---
Would you like any additional details or modifications to this template?
adding to this can you please make an addition to the fact that the defendant milead the court on a couple of occasions, *- she presented two versions about she paid me my seed money, both oh them are false, she also claimeds she gave the books to the new owners, one of the new owners disptues this with an affadiveitt stating shem never received such books
Sure, ****! Here's the modified section of your motion:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Motion for Stay of Writ of Execution Pending Appeal Decision
To the Honorable Judge of the [Court Name]:
I, [Your Name], respectfully request a stay of the writ of execution in the above-referenced case pending the decision of the Court of Appeals. In support of this motion, I state the following:
*. Background:
- On [Date], the [Court Name] issued a writ of execution against me.
- I have filed an appeal with the Court of Appeals, case number [Appeal Case Number], challenging the decision.
*. Grounds for Stay:
- The appeal raises substantial legal questions and has a likelihood of success on the merits.
- Enforcement of the writ of execution would cause irreparable harm.
- The stay is in the public interest and will not harm the opposing party.
*. Discovery Rules:
- A stay is necessary to ensure that the rules of discovery can be properly enforced in the lower court.
- Discovery is essential for a fair and just resolution of the case.
*. Misleading Statements by Defendant:
- The defendant misled the court by presenting two false versions about paying my seed money.
- The defendant claimed to have given the books to the new owners, which is disputed by one of the new owners through an affidavit stating they never received such books.
*. Conclusion:
- For the reasons stated above, I respectfully request that the court grant a stay of the writ of execution pending the Court of Appeals decision.
[Your Name]
[Your Signature]
[Date]
---
Would you like any further adjustments or additional details?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Name]
Case No.: [Case Number]
Motion for Stay of Writ of Execution Pending Appeal Decision
To the Honorable Judge of the [Court Name]:
I, [Your Name], respectfully request a stay of the writ of execution in the above-referenced case pending the decision of the Court of Appeals. In support of this motion, I state the following:
*. Background:
- On [Date], the [Court Name] issued a writ of execution against me.
- I have filed an appeal with the Court of Appeals, case number [Appeal Case Number], challenging the decision.
*. Grounds for Stay:
- The appeal raises substantial legal questions and has a likelihood of success on the merits.
- Enforcement of the writ of execution would cause irreparable harm.
- The stay is in the public interest and will not harm the opposing party.
*. Discovery Rules:
- A stay is necessary to ensure that the rules of discovery can be properly enforced in the lower court.
- Discovery is essential for a fair and just resolution of the case.
*. Misleading Statements by Defendant:
- The defendant misled the court by presenting two false versions about paying my seed money.
- The defendant claimed to have given the books to the new owners, which is disputed by one of the new owners through an affidavit stating they never received such books.
*. Conclusion:
- For the reasons stated above, I respectfully request that the court grant a stay of the writ of execution pending the Court of Appeals decision.
[Your Name]
[Your Signature]
[Date]
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Would you like any further adjustments or additional details?
are there any precedents to enhance my position for a stay
Here are a few precedents that might help enhance your position for a stay in New Mexico:
- Nken v. Holder, * U.S. * (*): Established criteria for granting stays.
- Hilton v. Braunskill, * U.S. * (*): Discussed factors considered for stays, including likelihood of success on the merits and potential harm.
Would you like more details on these cases?
- Nken v. Holder, * U.S. * (*): Established criteria for granting stays.
- Hilton v. Braunskill, * U.S. * (*): Discussed factors considered for stays, including likelihood of success on the merits and potential harm.
Would you like more details on these cases?
yes
Here are more details on the precedents:
- Nken v. Holder, * U.S. * (*):
- Criteria for granting stays: (*) likelihood of success on the merits, (*) irreparable harm if the stay is not granted, (*) harm to the opposing party, and (*) public interest.
- Hilton v. Braunskill, * U.S. * (*):
- Factors considered for stays: balance of hardships, likelihood of success, potential harm, and public interest.
Would you like to include these details in your motion?
- Nken v. Holder, * U.S. * (*):
- Criteria for granting stays: (*) likelihood of success on the merits, (*) irreparable harm if the stay is not granted, (*) harm to the opposing party, and (*) public interest.
- Hilton v. Braunskill, * U.S. * (*):
- Factors considered for stays: balance of hardships, likelihood of success, potential harm, and public interest.
Would you like to include these details in your motion?
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