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Embezzlement Case Motion Guide
Summary
Filing a motion to vacate a summary judgment in New Mexico involves drafting a motion with clear reasons, submitting it to the court, and serving all parties. The motion should include an introduction, background, new evidence, legal basis, and conclusion. You can file this motion in the lower court even if the case is under appeal, but the court may wait for the appeals decision. Under New Mexico Rules of Civil Procedure, new evidence or fraud can justify vacating a judgment. Consider consulting an attorney for personalized guidance.Full Conversation
Motion to Vacate Summary Judgment in New Mexico:
- Draft a Motion: Clearly state the reasons for vacating the judgment, including new evidence or proof of inconsistencies.
- File the Motion: Submit the motion to the clerk of the court where the original judgment was made.
- Serve the Motion: Notify all parties involved by serving a copy of the motion.
Would you like more details on drafting the motion?
- Draft a Motion: Clearly state the reasons for vacating the judgment, including new evidence or proof of inconsistencies.
- File the Motion: Submit the motion to the clerk of the court where the original judgment was made.
- Serve the Motion: Notify all parties involved by serving a copy of the motion.
Would you like more details on drafting the motion?
Steps to Draft a Motion to Vacate Summary Judgment:
- Introduction: Clearly identify yourself, the case number, and the court.
- Background: Summarize the original case and judgment.
- New Evidence: Detail the new evidence or inconsistencies that have come to light.
- Legal Basis: Cite relevant laws or precedents supporting your motion.
- Conclusion: State the relief you are seeking (vacating the summary judgment).
Would you like a sample template for the motion?
- Introduction: Clearly identify yourself, the case number, and the court.
- Background: Summarize the original case and judgment.
- New Evidence: Detail the new evidence or inconsistencies that have come to light.
- Legal Basis: Cite relevant laws or precedents supporting your motion.
- Conclusion: State the relief you are seeking (vacating the summary judgment).
Would you like a sample template for the motion?
Sure, here is a sample template for a Motion to Vacate Summary Judgment:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
In light of the new evidence and inconsistencies in the defendant’s testimony, I respectfully request that the Court vacate the summary judgment entered on [date] and allow this case to proceed to discovery and trial.
[Court Name]
Under Rule *-*(B) of the New Mexico Rules of Civil Procedure, a party may seek relief from a judgment for reasons including newly discovered evidence and fraud. This motion is timely filed within the allowable period.
CONCLUSION [Court Address]
Since the summary judgment was granted, I have obtained bank statements showing additional embezzled funds totaling $*,*, as well as other financial discrepancies. These documents were not available during the initial proceedings. Moreover, the defendant has provided two conflicting versions of how she allegedly repaid the seed money, both of which are false.
LEGAL BASIS [City, State, ZIP Code]
The original case involves allegations of embezzlement by my ex-partner, who I believe misappropriated over $*,*. The court granted summary judgment in favor of the defendant on [date]. However, I have recently discovered additional evidence and inconsistencies in the defendant’s testimony that were not considered.
NEW EVIDENCE Re: [Case Name], Case No. [Case Number]
I, Mauro S. Nava, the plaintiff in the above-referenced case, respectfully submit this Motion to Vacate the Summary Judgment entered in favor of the defendant on [date of summary judgment]. This motion is based on newly discovered evidence and inconsistencies in the defendant’s testimony.
BACKGROUND MOTION TO VACATE SUMMARY JUDGMENT
INTRODUCTIONI, Mauro S. Nava, the plaintiff in the above-referenced case, respectfully submit this Motion to Vacate the Summary Judgment entered in favor of the defendant on [date of summary judgment]. This motion is based on newly discovered evidence and inconsistencies in the defendant’s testimony.
The original case involves allegations of embezzlement by my ex-partner, who I believe misappropriated over $*,*. The court granted summary judgment in favor of the defendant on [date]. However, I have recently discovered additional evidence and inconsistencies in the defendant’s testimony that were not considered.
Since the summary judgment was granted, I have obtained bank statements showing additional embezzled funds totaling $*,*, as well as other financial discrepancies. These documents were not available during the initial proceedings. Moreover, the defendant has provided two conflicting versions of how she allegedly repaid the seed money, both of which are false.
Under Rule *-*(B) of the New Mexico Rules of Civil Procedure, a party may seek relief from a judgment for reasons including newly discovered evidence and fraud. This motion is timely filed within the allowable period.
In light of the new evidence and inconsistencies in the defendant’s testimony, I respectfully request that the Court vacate the summary judgment entered on [date] and allow this case to proceed to discovery and trial.
Respectfully submitted,
[Your Signature]
Mauro S. Nava
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Would you like more detailed information on any section of this motion?
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Would you like more detailed information on any section of this motion?
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