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Judge Replacement Motion Guidance
Summary
In New Mexico, you can file a motion to recuse a judge if theres perceived bias. Its advisable to wait for the appeals courts decision on your emergency motion before filing additional motions. If you believe the summary judgment was unfairly granted, consider filing a motion to reconsider. To halt enforcement actions, explicitly request a stay of execution. File the motion with the court that issued the writ. Ensure all parties are notified of hearings and follow up with the appeals court for updates.Full Conversation
The judeg in my case didn't wait for the ruling from the appeals court on my stay of execution, he had a hearing with the opposite counsel and ruled to have the writ reinstated despite the fact I was never notified about the hearing, I made an appeal to the appeals court to allow me the introduction of my interogatories, that my attorney never filed, should I file a motion to replace the judge, or wait for the appeals court to rule?
Hi Mauro, that sounds like a complicated situation. In New Mexico, you can file a motion to recuse or disqualify a judge if you believe there's bias or a conflict of interest. However, it might be wise to wait for the appeals court's decision on your current appeal first. Could you provide more details about the appeals court's timeline?
I fied month ago, and I just filed an emergency motion for the stay for the writ of execution, the jude never brought up the enforcement of the discovery rules during the process, and he granted the summary judgement to the opposite party, in my absence he granted the writ nof execution without me being at the hearing
Hi Mauro, it sounds like you might have grounds for concern. Here are a few points to consider:
- In New Mexico, parties should be notified of all hearings.
- Judges must enforce discovery rules fairly.
- Summary judgments should not be granted without giving both parties an opportunity to present.
You might want to consult with a lawyer about filing a motion to replace the judge. Have you received any updates from the appeals court regarding your emergency motion?
- In New Mexico, parties should be notified of all hearings.
- Judges must enforce discovery rules fairly.
- Summary judgments should not be granted without giving both parties an opportunity to present.
You might want to consult with a lawyer about filing a motion to replace the judge. Have you received any updates from the appeals court regarding your emergency motion?
No yet, i'm anxiously waiting for their response, how ling doies usually ntakes for the appeals court to respond?
The response time for an appeals court can vary, but it typically ranges from a few weeks to several months. Given the urgency of your situation, it may be beneficial to follow up with the appeals court or consult with your attorney for further guidance. Have you considered reaching out for an update on your emergency motion?
I'm pro se in this case,
Considering you are representing yourself, here are a few steps you might consider:
- Follow up with the appeals court regarding your emergency motion.
- File a motion to reconsider the summary judgment if it was granted without proper notice.
- Consider filing a motion to recuse the judge if you believe there has been bias or unfair treatment.
Is there any specific part of your case where you need further clarification?
- Follow up with the appeals court regarding your emergency motion.
- File a motion to reconsider the summary judgment if it was granted without proper notice.
- Consider filing a motion to recuse the judge if you believe there has been bias or unfair treatment.
Is there any specific part of your case where you need further clarification?
Should I file a motion to replace the judge before I file a motion to reconsider to vacate the summary judgement?
It's generally advisable to wait for the appeals court's decision on your emergency motion before filing additional motions. However, you could file a motion to reconsider the summary judgment now, highlighting the lack of notice and unfair treatment. If the appeals court's decision is delayed, you might then consider filing a motion to replace the judge. Do you have a specific deadline for filing these motions?
So as long as I had filed the emergengy motrion to reconsider the writ of execution, the opposite counsel cannot do anything right?
Hi Mauro, filing the emergency motion does not automatically stop the opposing counsel from taking action. You might want to request a stay of execution explicitly to halt any enforcement actions. Have you requested a stay of execution along with your emergency motion?
Not yet! any sugestions?
It's important to request a stay of execution specifically to halt any actions by the opposing counsel. Here are your next steps:
- File a motion to stay the writ of execution explicitly.
- Follow up with the appeals court regarding your emergency motion.
Is there any other aspect of your situation you need help with?
- File a motion to stay the writ of execution explicitly.
- Follow up with the appeals court regarding your emergency motion.
Is there any other aspect of your situation you need help with?
Yes, pleae help me with ythe filing fore the stay of execution explicitly please!
Certainly, Mauro! Here are the steps to file a motion to stay the writ of execution in New Mexico:
*. Draft the Motion: Title it "Motion to Stay Writ of Execution" and include the following:
- Case information: Case number, court name, parties involved.
- A statement requesting the stay of execution.
- Reasons for the stay: Mention the pending appeal, lack of notice, and any unfair treatment.
- Supporting facts: Detail the events and why the stay is necessary.
- A conclusion: Restate your request for the stay of execution.
*. File the Motion: Submit the motion to the court where the writ of execution was issued.
*. Serve the Motion: Deliver a copy of the motion to the opposing counsel.
*. Request a Hearing: Ask the court for a hearing date to present your motion.
Would you like help with specific wording or any additional information?
*. Draft the Motion: Title it "Motion to Stay Writ of Execution" and include the following:
- Case information: Case number, court name, parties involved.
- A statement requesting the stay of execution.
- Reasons for the stay: Mention the pending appeal, lack of notice, and any unfair treatment.
- Supporting facts: Detail the events and why the stay is necessary.
- A conclusion: Restate your request for the stay of execution.
*. File the Motion: Submit the motion to the court where the writ of execution was issued.
*. Serve the Motion: Deliver a copy of the motion to the opposing counsel.
*. Request a Hearing: Ask the court for a hearing date to present your motion.
Would you like help with specific wording or any additional information?
Should I file with the lower court, even though the case is with the appeals court presently?
You should file the motion to stay the writ of execution with the same court that issued the writ, which is likely the lower court. This ensures that the immediate enforcement actions are halted. Would you like help with the specific wording for your motion?
Yes!...
Sure, Mauro! Here is a template for your motion to stay the writ of execution:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Case Name]
Case No: [Your Case Number]
Motion to Stay Writ of Execution
Dear Honorable Judge [Judge's Name],
I, Mauro Nava, respectfully submit this motion to stay the writ of execution issued in the above-referenced case.
Statement Requesting Stay:
I request that the court stay the execution of the writ pending the outcome of my appeal.
Reasons for Stay:
- A pending appeal is currently under consideration.
- I was not notified of the hearing regarding the writ of execution.
- The enforcement of the discovery rules was not addressed during the process.
- Summary judgment was granted in my absence, without the opportunity to present my case.
Supporting Facts:
On [date], the court issued a writ of execution.I filed an appeal on [date] and an emergency motion for a stay of the writ of execution. Despite these pending matters, the writ was granted without proper notice or a fair hearing.
Conclusion:
For these reasons, I respectfully request that the court stay the writ of execution until the appeal is resolved and a fair hearing is conducted.
Thank you for your consideration.
Sincerely,
Mauro Nava
[Your Signature]
---
Make sure to file this motion with the lower court and serve a copy to the opposing counsel. Would you need help with anything else specific to your case?
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Case Name]
Case No: [Your Case Number]
Motion to Stay Writ of Execution
Dear Honorable Judge [Judge's Name],
I, Mauro Nava, respectfully submit this motion to stay the writ of execution issued in the above-referenced case.
Statement Requesting Stay:
I request that the court stay the execution of the writ pending the outcome of my appeal.
Reasons for Stay:
- A pending appeal is currently under consideration.
- I was not notified of the hearing regarding the writ of execution.
- The enforcement of the discovery rules was not addressed during the process.
- Summary judgment was granted in my absence, without the opportunity to present my case.
Supporting Facts:
On [date], the court issued a writ of execution.I filed an appeal on [date] and an emergency motion for a stay of the writ of execution. Despite these pending matters, the writ was granted without proper notice or a fair hearing.
Conclusion:
For these reasons, I respectfully request that the court stay the writ of execution until the appeal is resolved and a fair hearing is conducted.
Thank you for your consideration.
Sincerely,
Mauro Nava
[Your Signature]
---
Make sure to file this motion with the lower court and serve a copy to the opposing counsel. Would you need help with anything else specific to your case?
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