Failure To Notify Hearing

In New Mexico, the rules of civil procedure require that all parties must be given proper notice of hearings. Failing to notify you of a hearing might violate these rules.
- Rule *-* NMRA: Service and filing of pleadings and other papers.
- Rule *-*.* NMRA: Requests for hearings.
Was this a civil or criminal case?

In New Mexico, failure to notify a party of a hearing could violate procedural rules, potentially impacting the fairness of the process. You may want to consider:
- Filing a motion to reconsider the hearing decision.
- Contacting an attorney for advice on potential appeal options or other legal remedies.
Have you already taken any steps to address this issue?

Thank you for sharing more details, Mauro. Since you're representing yourself, you might consider filing a Motion for Reconsideration due to lack of notice for the hearing and the judge's decision without waiting for the Court of Appeals response.
Have you considered seeking assistance from a legal aid organization in New Mexico to help you with this process?

If you're proceeding on your own, you might consider these steps:
- File a Motion for Reconsideration due to lack of notice.
- Request a stay until the Court of Appeals responds.
- Refer to Rule *-* NMRA for relief from judgment.
Feel free to ask if you need further guidance on any of these steps!

Rule *-* NMRA pertains to relief from a judgment or order in New Mexico. Here are key points:
- Clerical Mistakes: Corrects clerical errors in judgments or orders.
- Grounds for Relief: Includes mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, void judgment, or any other reason justifying relief.
- Time Limits: Motions must be made within a reasonable time, and for certain grounds, no more than one year after the judgment.
Have you started drafting your motion under Rule *-*?

Under Rule *-* NMRA, you can draft your motion by following these steps:
*. Caption: Include the case name, court name, and case number.
*. Introduction: State your name, representing yourself pro se.
*. Relief Sought: Clearly state that you seek relief from the judgment/order.
*. Grounds for Relief: Specify the grounds (e.g., lack of notice, procedural errors).
*. Facts: Detail the facts leading to the judgment/order.
*. Legal Argument: Cite Rule *-* NMRA and relevant case law supporting your grounds for relief.
*. Conclusion: Request the court to grant your motion.
*. Signature: Sign and date the motion.
Would you like assistance with any specific part of the draft?

Sure, Mauro! Let's start with the Introduction and Relief Sought sections:
*. Introduction:
```
[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 and Number]
Dear Honorable Judge [Judge's Last Name],
I, Mauro Nava, representing myself pro se, respectfully submit this Motion for Relief from Judgment under Rule *-* NMRA.
```
*. Relief Sought:
```
Relief Sought:
I seek relief from the judgment/order entered on [Date of Judgment/Order] due to lack of proper notice for the hearing and the judge's decision made without waiting for the Court of Appeals response.
```
Would you like to proceed with the Grounds for Relief section next?

Yes, you can request a judge's recusal if you believe there is bias or partiality. In New Mexico, you can file a Motion to Disqualify or Recuse a Judge under Rule *-*.* NMRA. This motion should include specific facts and reasons for the recusal. Have you documented any instances indicating bias or partiality?

It sounds like you have a substantial case for seeking relief and possibly recusal of the judge. Here are the key points for filing a Motion to Disqualify or Recuse a Judge under Rule *-*.* NMRA:
*. Introduction: Begin with your name, address, and case details.
*. Facts and Reasons: Clearly state specific instances of bias or partiality.
*. Legal Basis: Cite Rule *-*.* NMRA.
*. Conclusion: Request the judge's recusal.
Would you like assistance in drafting this motion?

Sure, Mauro! Let's draft the Motion to Disqualify or Recuse the Judge.
*. Introduction:
```
[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 and Number]
Dear Honorable Judge [Judge's Last Name],
I, Mauro Nava, representing myself pro se, respectfully submit this Motion to Disqualify or Recuse under Rule *-*.* NMRA.
```
*. Facts and Reasons:
```
Facts and Reasons:
I believe the Honorable Judge [Judge's Last Name] has demonstrated bias and partiality in the following ways:
- Refused to wait for the Court of Appeals decision on my case.
- Did not inform my attorney about the critical discovery rules.
- Issued a summary judgment without allowing me to file my interrogatories.
- Did not wait for the appeals court decision on my case.
These instances indicate a lack of impartiality, affecting the fairness of the proceedings.
*. Legal Basis:
```
Legal Basis:
Pursuant to Rule *-*.* NMRA, a judge must recuse themselves if there is a reasonable basis to question their impartiality. The specific instances mentioned above demonstrate such bias, warranting recusal.
```
*. Conclusion:
```
Conclusion:
For the reasons stated, I respectfully request that the Honorable Judge [Judge's Last Name] be disqualified or recused from this case to ensure a fair and impartial proceeding.

Sincerely,

[Your Signature]
Mauro Nava
```
Would you like to add or modify any part of this draft?

Yes, Mauro! You can refer to Canon * of the New Mexico Code of Judicial Conduct, which requires judges to perform their duties impartially and diligently. Here's how you can incorporate it into your motion:
*. Introduction:
```
[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 and Number]
Dear Honorable Judge [Judge's Last Name],
I, Mauro Nava, representing myself pro se, respectfully submit this Motion to Disqualify or Recuse under Rule *-*.* NMRA and Canon * of the New Mexico Code of Judicial Conduct.
```
*. Facts and Reasons:
```
Facts and Reasons:
I believe the Honorable Judge [Judge's Last Name] has demonstrated bias and partiality in the following ways:
- Refused to wait for the Court of Appeals decision on my case.
- Did not inform my attorney about the critical discovery rules.
- Issued a summary judgment without allowing me tofile my interrogatories.
- Did not wait for the appeals court decision on my case.
These instances indicate a lack of impartiality, affecting the fairness of the proceedings.
```
*. Legal Basis:
```
Legal Basis:
Pursuant to Rule *-*.* NMRA and Canon * of the New Mexico Code of Judicial Conduct, a judge must recuse themselves if there is a reasonable basis to question their impartiality. The specific instances mentioned above demonstrate such bias, warranting recusal.
```
*. Conclusion:
```
Conclusion:
For the reasons stated, I respectfully request that the Honorable Judge [Judge's Last Name] be disqualified or recused from this case to ensure a fair and impartial proceeding.
Sincerely,
[Your Signature]
Mauro Nava
```
Would you like assistance with any other part of your case?

Sure, Mauro! Here's how you can incorporate Canon * into your motion for the judge's recusal:
*. Introduction:
```
[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 and Number]
Dear Honorable Judge [Judge's Last Name],
I, Mauro Nava, representing myself pro se, respectfully submit this Motion to Disqualify or Recuse under Rule *-*.* NMRA and Canon * of the New Mexico Code of Judicial Conduct.
```
*. Facts and Reasons:
```
Facts and Reasons:
I believe the Honorable Judge [Judge's Last Name] has demonstrated bias and partiality in the following ways:
- Refused to wait for the Court of Appeals decision on my case.
- Did not inform my attorney about the critical discovery rules.
- Issued a summary judgment without allowing me to file my interrogatories.
- Did not wait for the appeals court decision on my case.

These instances indicate a lack of impartiality, affecting the fairness of the proceedings.
*. Legal Basis:
```
Legal Basis:
Pursuant to Rule *-*.* NMRA and Canon * of the New Mexico Code of Judicial Conduct, a judge must recuse themselves if there is a reasonable basis to question their impartiality. Canon * requires judges to perform their duties impartially and diligently, which has not been observed in this case.
```
*. Conclusion:
```
Conclusion:
For the reasons stated, I respectfully request that the Honorable Judge [Judge's Last Name] be disqualified or recused from this case to ensure a fair and impartial proceeding.

Sincerely,
[Your Signature]
Mauro Nava
```
Would you like further help with any other part of your filing?

Canon * of the New Mexico Code of Judicial Conduct outlines the duties of judges to perform their judicial responsibilities impartially and diligently. Key points include:
- Judges must be fair, unbiased, and avoid impropriety.
- Judges should ensure that their conduct promotes public confidence in the judiciary.
- Judges must perform judicial duties without allowing personal or external influences.
Is there anything else you need assistance with?

Here are some notable legal precedents in New Mexico that might be relevant to your situation:
*. State v. Martinez, *-NMCA-*: Addressed the necessity of proper notice for hearings.
*. State v. Garcia, *-NMSC-*: Discussed judicial impartiality and the importance of fair proceedings.
Would you like more information on any specific type of legal precedent?

Here are a couple of precedents in New Mexico related to Canon * of the Code of Judicial Conduct:
- State v. Trujillo, *-NMSC-*: This case addressed the judge’s duty to avoid any appearance of impropriety and to ensure impartiality in judicial proceedings.
- State v. Carmody, *-NMCA-*: This case emphasized the importance of judicial impartiality and the requirement for judges to recuse themselves when impartiality might reasonably be questioned.
Would you need further details on these cases?