§ RULE 2-303. JUDGMENT ON THE PLEADINGS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 3 > RULE 2-303.

RULE 2-303. JUDGMENT ON THE PLEADINGS

A. For Claimant. A party seeking to recover upon a claim or counterclaim may, at any time after an answer or a reply by the adverse party, move for a judgment on the pleadings in his favor upon all or any part thereof.

B. For Defending Party. A party against whom a claim or counterclaim is asserted may, at any time, move for a judgment on the pleadings in his favor as to all or any part thereof.

C. Motion and Proceedings Thereon. The motion shall be served by mail at least five (5) days before the time fixed for the hearing. The judgment sought shall be rendered forthwith if the pleadings, on file, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A judgment on the pleadings may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

D. Judgment on the Pleadings. The court may, on its own motion, enter judgment on the pleadings if there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A judgment on the pleadings may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. At least fifteen days before entering such judgment on the pleadings, the court shall provide written notice of its intention to the parties to enter the judgment unless objections are received by a certain date.