Summary
If a writ has been granted without proper notification, you should file a motion to set aside the writ in the lower court, citing procedural violations and new evidence. Additionally, consider filing a motion with the appeals court to address these issues comprehensively. Representing yourself (pro se) requires careful preparation of your motions to ensure all procedural errors and new evidence are clearly presented.Full Conversation
mauro nava
Hi Mauro! How can I assist you with your legal issue today?
pleaswe explain: Case Example *: In Smith v. Jones, *-NMCA-*, the Court of Appeals reversed a writ of execution because the defendant’s attorney failed to notify the plaintiff about an upcoming hearing on the motion for execution. The court emphasized that this lack of notice violated procedural rules and denied the plaintiff their right to contest the motion effectively.
In the case of Smith v. Jones, *-NMCA-*, the key points are:
- The Court of Appeals reversed a writ of execution.
- The reversal was due to the defendant’s attorney failing to notify the plaintiff about a hearing.
- This failure violated procedural rules.
- This denied the plaintiff the right to contest the motion effectively.
Was there a specific aspect of this case you needed more information on?
Im using this Example to file my motion to the lower court to scrap the writ, should I also file a motion with ntghye court of appeals?
To assist you better, could you clarify if your writ has already been granted by the lower court?
The writ has already been granted to the opposite attorney, my argument is that I was never notified of the hearing, also I was never notified abot the bond requirements, I recently found new evidence which demonstrates the defendant lied in two different occassions,
You should definitely file a motion to set aside the writ in the lower court, explaining the lack of notification and new evidence.
Key Points:
- Lack of notification violates procedural rules.
- New evidence showing defendant lied can be crucial.
Have you considered consulting an attorney to help you draft this motion?
I'mpro se, should I file a motion with the appeals court as well?
Hi Mauro! Since you are representing yourself (pro se), it's important to cover all bases.
Yes, you should consider filing a motion with the appeals court as well, especially highlighting the procedural errors and new evidence. This could strengthen your overall case.
Have you prepared your motion for the lower court already?
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