§ RULE 2-307. MOTIONS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 3 > RULE 2-307.

RULE 2-307. MOTIONS

A. Defenses and Objections which May Be Baised. Any matter that is capable of determination without trial of the general issue, including defenses and objections, may be raised before trial by motion. All motions shall state with particularity the grounds and the relief sought.

B. Requirement of Written Motion. All motions, except motions made during a pretrial conference or trial, or as may be permitted by the court, shall be in writing. A copy of every written motion shall be served on each party or the party's attorney as provided by Rule 2-203 NMRA. A motion for relief filed more than ninety (90) days after entry of the judgment shall be served on the opposing party in the manner provided by Rule 2-202 NMRA for service of a summons.

C. Unopposed Motions. If both parties are represented by attorneys, prior to filing a written motion, the moving party shall determine whether or not a motion will be opposed. If the motion will not be opposed, an order approved by opposing counsel shall accompany the motion.

D. Opposed Motions. A motion filed by an attorney in a case in which the opposing party is represented by an attorney shall recite that concurrence of opposing counsel was requested or shall specify why no such request was made. The movant shall not assume that the nature of the motion obviates the need for concurrence from opposing counsel unless the motion is a:

(1) motion to dismiss;

(2) motion for new trial;

(3) motion for judgment on the pleadings.

E. Notice and Hearing. No written motion shall be considered by the court unless served on each party or the party's attorney as required by these rules.