Motion To Vacate Judgment

Summary

To draft a motion to vacate a summary judgment in New Mexico, focus on procedural errors such as failure to enforce discovery rules and not filing interrogatories. Cite relevant New Mexico rules like Rule 1-056 NMRA, which states that summary judgment should not be granted if there is a genuine issue of material fact. Include a request to vacate the judgment and proceed with enforced discovery. Consider using legal research databases for precedents and consult the New Mexico courts website for case laws.

Full Conversation

mauro nava

Hi Mauro, how can I assist you with your legal issue? Is there a specific situation or question you need help with?

Can you find why the judge ruled summary judgement in the following case?D-*-CV-*-*

Hi Mauro, to understand why the judge ruled summary judgment in case D-*-CV-*-*, you would need to access the case documents. You can contact the Second Judicial District Court in New Mexico to request the case file.
Would you like more information on how to obtain these documents?

yES PLEASE

You can access the case documents by contacting the Second Judicial District Court in New Mexico. Here's their contact information:

Second Judicial District Court, New Mexico

Phone: (*) *-*
Website: https://seconddistrictcourt.nmcourts.gov

Would you like to know how to request the documents online or in person?

In person please

To request the documents in person, you can visit the Second Judicial District Court in New Mexico. Bring a valid ID and any relevant case information. They will guide you on how to access the documents you need.
Would you like the court’s address?

I need you to guide me in writing a motion to vacate the summary judgement against me. The Judge in the case didn't enforce the discovery rules in the case. and I need to file a motion to vacate the ruling!

To write a motion to vacate a summary judgment due to the judge not enforcing discovery rules, you can include the following points:
- Title: "Motion to Vacate Summary Judgment"
- Introduction: State your name, the case number, and a brief overview of the issue.
- Background: Provide details about the case and the summary judgment.
- Argument:
- Explain how the judge failed to enforce discovery rules.
- Cite relevant laws or rules from New Mexico that support your argument.
- Conclusion: Request the court to vacate the summary judgment and allow the case to proceed.
Would you like more detailed information on any specific section?

yes

Sure, Mauro! Let's break it down further:
Title:
- "Motion to Vacate Summary Judgment"
Introduction:
- Your name: Mauro Nava
- Case number: D-*-CV-*-*
- Brief overview: "This motion seeks to vacate the summary judgment due to the court's failure to enforce discovery rules."
Background:
- Provide a concise history of the case.
- Explain the summary judgment ruling.
Argument:
- Detail specific instances where the judge failed to enforce discovery rules.
- Cite relevant New Mexico laws or rules (e.g., Rule *-* NMRA).
Conclusion:
- Request the court to vacate the summary judgment.
- Ask for the case to be allowed to proceed with enforced discovery.
Would you need more help with the specific language or citations in the argument section?

Yes please,

Sure, Mauro! Here's how you can structure the Argument section with specific language and citations:

Argument:
*. Failure to Enforce Discovery Rules:
- Detail instances where the judge did not enforce discovery rules.
- Example: "The court failed to compel the opposing party to produce requested documents essential for the case."
*. Relevant Laws and Rules:
- Cite New Mexico Rule *-* NMRA related to Summary Judgment.
- Example: "According to Rule *-* NMRA, summary judgment should not be granted if there is a genuine issue of material fact. The lack of enforced discovery impeded my ability to establish such facts."
Would you like more assistance with the conclusion section or any other part of the motion?

Yes

Sure, Mauro! Here’s how you can structure the Conclusion section:
Conclusion:
- Request to Vacate: "For the reasons stated above, I respectfully request that the court vacate the summary judgment entered against me."
- Proceed with Enforced Discovery: "I further request that the case be allowed to proceed with appropriate enforcement of discovery rules to ensure a fair trial."
Would you need more help with any other section or details?

My attorney never file the interrogatories, and whe we had the hearing with the judge he never mentione the discovery aspectr of the case, nor did he try to enforce the discovery rules, do i have enough grouds to file for the dismiossal of the summary judgement?

You may have grounds to file a motion to vacate the summary judgment based on procedural errors. Focus on:
- Failure to file interrogatories.
- Judge not addressing discovery issues.
- Relevant New Mexico rules (e.g., Rule *-* NMRA).
Would you like assistance drafting the motion or finding specific legal citations?

Yes, pleae

Sure, Mauro! Here's a detailed draft for the Argument section:

Argument:
*. Failure to Enforce Discovery Rules:
- The court did not address the discovery issues during the hearing.
- Example: "The court failed to compel the opposing party to produce requested documents essential for the case."
*. Procedural Errors:
- Your attorney did not file interrogatories.
- Example: "Despite multiple requests, my attorney did not file the necessary interrogatories, which are vital for establishing facts."
*. Relevant Laws and Rules:
- Cite New Mexico Rule *-* NMRA related to Summary Judgment.
- Example: "According to Rule *-* NMRA, summary judgment should not be granted if there is a genuine issue of material fact. The lack of enforced discovery impeded my ability to establish such facts."
Would you like more assistance with specific legal citations or any other section of the motion?

Yes, please

Sure, Mauro! Here are some specific legal citations to support your motion:
- Rule *-* NMRA: Summary judgment should not be granted if there is a genuine issue of material fact.
- Rule *-* NMRA: Addresses the duty to disclose and general provisions governing discovery.
- Rule *-* NMRA: Discusses failure to make disclosures or to cooperate in discovery; sanctions.
Would you like more help with the wording or another section?

Yes please, can you help wording my case citing rule *-02NMRA

Sure, Mauro! Here’s how you can word your case citing Rule *-* NMRA:

Motion to Vacate Summary Judgment
Introduction:
- Your name: Mauro Nava
- Case number: D-*-CV-*-*
- Brief overview: "This motion seeks to vacate the summary judgment due to the court's failure to enforce discovery rules and procedural errors."
Background:
- Provide a concise history of the case.
- Explain the summary judgment ruling.
Argument:
*. Failure to Enforce Discovery Rules:
- The court did not address the discovery issues during the hearing.
- Example: "The court failed to compel the opposing party to produce requested documents essential for the case."
*. Procedural Errors:
- Your attorney did not file interrogatories.
- Example: "Despite multiple requests, my attorney did not file the necessary interrogatories, which are vital for establishing facts."
*. Relevant Laws and Rules:
- Rule *-* NMRA: Summary judgment should not be granted if there is a genuine issue of material fact. The lack of enforced discovery impeded my ability to establish such facts.
- Rule *-* NMRA: Addresses the duty to disclose and general provisions governing discovery.
- Rule *-* NMRA: Discusses failure to make disclosures or to cooperate in discovery; sanctions.
- Rule *-* NMRA: Ensures these rules are construed to secure the just, speedy, and inexpensive determination of every action.
Conclusion:
- Request to Vacate: "For the reasons stated above, I respectfully request that the court vacate the summary judgment entered against me."
- Proceed with Enforced Discovery: "I further request that the case be allowed to proceed with appropriate enforcement of discovery rules to ensure a fair trial."
Would you like any more details or assistance with another part of your motion?

Can you plase give me any NM precedents

To find relevant New Mexico precedents for your motion, you can use the following resources:
- New Mexico Judicature: Explore case laws through the official New Mexico courts website (nmcourts.gov).
- Legal Research Databases: Use platforms like Westlaw or LexisNexis for specific case precedents.
Would you like more guidance on how to use these resources?

I need help in drafting a motion to the appeals court to vacate a summary judgement in a NM court, it neeeds to be as powerful as we can make it.

Sure, Mauro! Here's a comprehensive draft for your motion to the appeals court to vacate a summary judgment:

Motion to Vacate Summary Judgment

Introduction:
- Your name: Mauro Nava
- Case number: D-*-CV-*-*
- Brief overview: "This motion seeks to vacate the summary judgment due to the court's failure to enforce discovery rules and procedural errors."
Background:
- Provide a concise history of the case.
- Explain the summary judgment ruling.
Argument:
*. Failure to Enforce Discovery Rules:
- The court did not address the discovery issues during the hearing.
- Example: "The court failed to compel the opposing party to produce requested documents essential for the case."
*. Procedural Errors:
- Your attorney did not file interrogatories.
- Example: "Despite multiple requests, my attorney did not file the necessary interrogatories, which are vital for establishing facts."
*. Relevant Laws and Rules:
- Rule *-* NMRA: Summary judgment should not be granted if there is a genuine issue of material fact. The lack of enforced discovery impeded my ability to establish such facts - Rule *-* NMRA: Addresses the duty to disclose and general provisions governing discovery.
- Rule *-* NMRA: Discusses failure to make disclosures or to cooperate in discovery; sanctions.
- Rule *-* NMRA: Ensures these rules are construed to secure the just, speedy, and inexpensive determination of every action.
Conclusion:
- Request to Vacate: "For the reasons stated above, I respectfully request that the court vacate the summary judgment entered against me."
- Proceed with Enforced Discovery: "I further request that the case be allowed to proceed with appropriate enforcement of discovery rules to ensure a fair trial."
Would you like more assistance with any specific part of the document or any additional details?

Motion To Vacate Judgment

Summary

Full Conversation

Second Judicial District Court, New Mexico

Related Chats