Appeal Discovery Enforcement Guide

It sounds like you're handling your appeal pro se, which can be challenging. Here are some tips:
- Make sure your appeal brief clearly outlines the discovery issue and the lower court's failure to enforce it.
- Provide all relevant documentation and evidence.
- Follow the New Mexico Rules of Appellate Procedure closely.
Would you like more information on preparing for your appeal?

You might consider filing a motion to stay the writ of execution with the lower court. Here are a few steps to help you:
- Motion to Stay: File a motion to stay execution pending appeal.
- Explain Harm: Argue that enforcement would cause irreparable harm.
- Show Likelihood of Success: Demonstrate that your appeal has a strong chance of success.
Would you like more details on how to draft this motion?

To draft a motion to stay the writ of execution, you can include the following components:
- Title and Case Information: Clearly state the title and your case number.
- Introduction: Briefly explain your request to stay the writ of execution.
- Legal Basis: Cite relevant laws or rules (New Mexico Rules of Civil Procedure).
- Arguments:
- Irreparable Harm: How the execution would harm you.
- Merit of Appeal: Why your appeal is likely to succeed.
- Conclusion: Summarize your request and ask for the court's favorable ruling.
Would you like a sample template for this motion?

Here is a sample template for your Motion to Stay the Writ of Execution:
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[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Case Title]
Case No.: [Your Case Number]
Motion to Stay Writ of Execution Pending Appeal
Introduction:
I, [Your Name], hereby request that the court stay the writ of execution issued on [Date of Writ] pending the outcome of my appeal currently before the [Name of Appeals Court].
Legal Basis:
This motion is filed pursuant to Rule *-* of the New Mexico Rules of Civil Procedure, which allows for a stay of execution pending appeal.
Arguments:
Irreparable Harm:
Enforcing the writ of execution would cause me substantial and irreparable harm, including [describe specific harms, such as financial loss, loss of property, etc.].
Merit of Appeal:
My appeal has a strong likelihood of success, as it addresses significanterrors in the lower court's handling of discovery enforcement, specifically the failure to file interrogatories.
Conclusion:
For the reasons stated above, I respectfully request that the court grant a stay of the writ of execution pending the outcome of my appeal.
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like assistance with anything else related to your case?