Emergency Motion Filing Guide

You may file an emergency motion to stay the writ of execution in New Mexico. Courts can grant such motions if there's a significant reason. Have you consulted with an attorney about this process?

You can file an emergency motion to stay the writ of execution yourself. Here's what you need to consider:
- Clearly state the reasons for the emergency motion.
- Provide supporting evidence.
- Follow the local court rules for filing.
Would you like more detailed information on how to draft this motion?

You can draft an emergency motion to stay the writ of execution by following these steps:
*. Title the document "Emergency Motion to Stay Writ of Execution."
*. Include your case number and court information.
*. Clearly explain the reasons for the stay.
*. Provide supporting evidence.
*. Sign and date the motion.
*. Follow local court filing procedures.
Would you like a sample template to help you get started?

Sure, Mauro! Here's a sample template for your emergency motion to stay the writ of execution:
---
Emergency Motion to Stay 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: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Emergency Motion to Stay the Writ of Execution in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Reason for Stay: [Clearly explain the reasons why the stay is necessary. For example, discovery was not enforced, etc.]
*. Supporting Evidence: [List and attach any supporting evidence that validates your claims.]
I request that the court consider this motion on an emergency basis to prevent irreparable harm and to ensure that justice is served.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
Would you like assistance with any specific part of the motion, or do you have any other questions?

Mauro, it sounds like you have significant evidence that could potentially impact your case.
To strengthen your motion, include the following points:
- Mention the affidavit from the buyer as new evidence.
- Highlight the judge's failure to enforce discovery rules.
Would you like guidance on how to present this new evidence effectively in your motion?

Sure, Mauro. Here’s how to present the new evidence effectively in your motion:
Emergency Motion to Stay Writ of Execution
- Reason for Stay: Explain the necessity of the stay due to the judge not enforcing discovery rules.
- New Evidence:
- Mention the affidavit from the buyer stating they never received the book from the defendant.
- Attach the affidavit as evidence.
- Highlight any inconsistencies in the defendant's claims regarding the business books.

Would you like additional tips on gathering and presenting further supporting evidence?

Sure, Mauro! Here are some relevant statutes and rules in New Mexico that might help you:
- Rule *-* NMRA: Governs the scope of discovery and duty of disclosure.
- Rule *-* NMRA: Addresses failure to make disclosures or cooperate in discovery, including sanctions.
- Rule *-* NMRA: Governs summary judgment procedures.
Would you like more details on any of these rules?

Sure, Mauro! Here are brief details on the mentioned rules:
- Rule *-* NMRA: Outlines the scope of discovery, including what information must be disclosed and the duty of parties to fully cooperate in the discovery process.
- Rule *-* NMRA: Details the consequences and sanctions for failing to comply with discovery obligations, such as fines or other penalties.
- Rule *-* NMRA: Specifies the procedures for obtaining summary judgment, including the need for clear, undisputed facts.
Would you like guidance on how to incorporate these rules into your motion?

Sure, Mauro! Here’s how to incorporate Rule *-* NMRA into your motion:
- Rule *-* NMRA: Summary judgment is appropriate only when there is no genuine dispute of material fact. Highlight that the judge's failure to enforce discovery rules and the new affidavit creates a genuine dispute.
Would you like more specific language or phrasing for your motion?

Sure, Mauro! Here's some specific language you can use for incorporating Rule *-* NMRA into your motion:
---
Emergency Motion to Stay 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: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Emergency Motion to Stay the Writ of Execution in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Reason for Stay: The necessity of the stay arises from the judge's failure to enforce discovery rules, which has led to an incomplete and potentially unjust summary judgment.
*. New Evidence:
- I have obtained an affidavit from a buyer, stating that they never received the business book from the defendant, contradicting the defendant's claims.
- This affidavit is attached as ExhibitA, providing clear evidence of the defendant's misrepresentation.
- The judge's failure to enforce discovery rules in this case has prevented the full disclosure of material facts, creating a genuine dispute.
*. Rule *-* NMRA:
- According to Rule *-* NMRA, summary judgment is appropriate only when there is no genuine dispute of material fact.
- The new affidavit and the discovery issues indicate substantial factual disputes that need to be resolved, thus making summary judgment inappropriate.
I request that the court consider this motion on an emergency basis to prevent irreparable harm and to ensure that justice is served.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like any additional help with your motion?

You should file this emergency motion with the appeals court, as they are currently considering the status of your case. This motion will inform them of the new evidence and the necessity for a stay.
Need more help with the filing process?

You can file a motion to disqualify or replace a judge at any point if you believe there is a valid reason. In New Mexico, this is typically done through a motion for recusal. Would you like more information on how to draft and file this motion?

Sure, Mauro! Here’s how to draft a motion to replace the judge (motion for recusal):
---
Motion for Recusal of Judge
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Motion for Recusal of Judge [Judge's Name] in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Grounds for Recusal: Provide specific reasons for the recusal, such as potential bias or failure to enforce discovery rules.
*. Supporting Evidence: Include any evidence that supports your claims, like documented instances of bias or procedural errors.
I request that the court consider this motion to ensure impartiality and fairness in the judicial process.
Respectfully submitted,
[Your Signature][Your Printed Name]
---
Would you like more details on the grounds for recusal or the filing process?

Sure, Mauro! Here are some relevant rules and grounds for a motion of recusal in New Mexico:
- Grounds for Recusal:
- Bias or Prejudice: Any indication that the judge has a personal bias or prejudice concerning the case.
- Conflict of Interest: Any financial or personal interest in the outcome of the case.
- Procedural Errors: Failure to adhere to procedural rules, such as discovery rules.
- Relevant Rules:
- Rule *-* NMRA: Governs the disqualification or recusal of judges. It outlines the circumstances under which a judge must disqualify themselves.
- Rule *-*.* NMRA: Procedures for filing a motion for recusal and the necessary contents of the motion.
Would you like specific language or phrasing for your motion based on these rules?

Sure, Mauro! Here's specific language for your motion for recusal based on the relevant rules:
---
Motion for Recusal of Judge
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Motion for Recusal of Judge [Judge's Name] in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Grounds for Recusal:
- Bias or Prejudice: There is a reasonable question regarding the judge's impartiality due to [specific reasons/instances of bias or prejudice].
- Conflict of Interest: The judge has a potential conflict of interest as [specific details].
- Procedural Errors: The judge failed to enforce discovery rules, which is a significant procedural error impacting thefairness of the case.
*. Supporting Evidence:
- Documented evidence of bias or prejudice, such as [specific examples].
- Instances of procedural errors, especially the judge's failure to enforce discovery rules that compromised the integrity of the case.
*. Relevant Rules:
- Rule *-* NMRA: This rule mandates disqualification or recusal of a judge under circumstances that question their impartiality.
- Rule *-*.* NMRA: This rule outlines the procedures for filing a motion for recusal, ensuring all necessary contents are included.
I request that the court consider this motion to ensure impartiality and fairness in the judicial process.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like any further assistance with this motion or have any other questions?

Sure, Mauro! Here’s some specific language to help you draft your motion for recusal of the judge:
---
Motion for Recusal of Judge
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Motion for Recusal of Judge [Judge's Name] in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Grounds for Recusal:
- Bias or Prejudice: There is evidence indicating potential bias or prejudice in the handling of my case.
- Failure to Enforce Discovery Rules: The judge failed to adhere to procedural rules under Rule *-* NMRA and Rule *-* NMRA, which has adversely impacted the fairness of the proceedings.
- - New Evidence: The discovery of new evidence (affidavit from a buyer) that was not considered due to procedural errors.
*. Supporting Evidence:
- Attached affidavit from a buyer stating they never received the business book from the defendant.
- Documented instances where the judge failed to enforce discovery rules, leading to an incomplete and potentially unjust summary judgment.
Relevant Rules:
- Rule *-* NMRA: Governs the disqualification or recusal of judges, outlining circumstances that necessitate a judge's disqualification.
- Rule *-*.* NMRA: Specifies the procedures for filing a motion for recusal and the necessary contents of the motion.
I request that the court consider this motion to ensure impartiality and fairness in the judicial process.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
---
Would you like more details on any part of this motion?

Hi Mauro, here are the relevant rules that apply to your case:
- Rule *-* NMRA: Governs the scope of discovery and duty of disclosure.
- Rule *-* NMRA: Addresses failure to make disclosures or cooperate in discovery, including sanctions.
- Rule *-* NMRA: Governs summary judgment procedures, requiring no genuine dispute of material fact for summary judgment.
- Rule *-*.* NMRA: Procedures for filing a motion for recusal.
Would you like more specific guidance on how to argue these points?

Sure, Mauro! Here’s specific language to argue your point based on Rule *-*.* NMRA:
---
Motion for Recusal of Judge
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number and Case Name]
Honorable Judge [Judge's Name],
I, [Your Name], hereby file this Motion for Recusal of Judge [Judge's Name] in the above-referenced case. I am representing myself pro se and respectfully request that the court grant this motion based on the following reasons:
*. Grounds for Recusal:
- Bias or Prejudice: There is evidence indicating potential bias or prejudice in the handling of my case.
- Failure to Enforce Discovery Rules under Rule *-* NMRA and Rule *-* NMRA, adversely impacting the fairness of the proceedings.
- New Evidence: Discovery of new evidence (affidavit from a buyer) was not considered due to procedural errors.
- Premature Actions: The judge’s refusal to wait for the Appeals court ruling, which is crucial for the case's outcome.
*. Supporting Evidence:
- Attached affidavit from a buyer stating they never received the business book from the defendant.
- Documented instances where the judge failed to enforce discovery rules, resulting in an incomplete and potentially unjust summary judgment.
*. Relevant Rules:
- Rule *-* NMRA: Governs the disqualification or recusal of judges, outlining circumstances that necessitate a judge's disqualification.
- Rule *-*.* NMRA: Specifies the procedures for filing a motion for recusal and the necessary contents of the motion. This rule supports my request for recusal due to the judge’s failure to ensure a fair process and consideration of all pertinent evidence.
I request that the court consider this motion to ensure impartiality and fairness in the judicial process.

You should file the motion for recusal with the lower court where the judge is currently presiding over your case. This is because the recusal motion directly concerns the conduct of the judge in that specific court.
Would you like more details on the filing process?

Sure, Mauro! Here's a brief overview of the filing process for your motion:
*. Prepare the Motion: Ensure your motion is complete with all necessary details and supporting evidence.
*. File with the Court Clerk: Submit your motion to the clerk of the lower court where the judge is presiding.
*. Serve the Parties: Provide copies to all parties involved in the case.
*. Follow Local Rules: Adhere to any specific procedural rules of the court for filing motions.
Would you like tips on any specific part of this process?

Sure, Mauro! Here are some local rules in New Mexico regarding recusal:
- Rule *-*.* NMRA: Governs the procedure for disqualifying or recusing a judge.
- You must file a timely motion.
- Provide specific grounds and evidence for recusal.
- The judge has the opportunity to respond or voluntarily recuse.
Would you like more details on any specific part of Rule *-*.* NMRA or help with drafting any part of your motion?

Sure, Mauro! Here's a detailed breakdown to help you draft your motion for recusal under Rule *-*.* NMRA: