Summary
In New Mexico, district court orders typically require a seal and judges signature. If a motion for lack of jurisdiction is ignored, the court may proceed as if it has jurisdiction, but you can appeal. Automatic disqualification of a judge occurs due to personal bias, prior involvement, financial interest, or close relations. If a judge never had jurisdiction, file a motion to dismiss. If a plaintiff is not a party of interest, the case may be dismissed for lack of standing. In foreclosure cases, written proof of a mortgage is required. If a motion to dismiss is ignored, consult a legal professional. All parties in a judgment generally refers to both plaintiff and defendant.Full Conversation
District court orders ,do these need seals
Hello Kare, in New Mexico, district court orders generally bear the court's seal and the judge's signature. However, it's always a good idea to confirm with the court directly if uncertain.
Ok, when a motion for lack of jurisdiction is ignored what can happen
Hello Kare, if a motion for lack of jurisdiction is ignored:
- The court may proceed with the case as if it has jurisdiction.
- The party can appeal the decision based on jurisdictional grounds.
- Ignoring it may waive the right to contest jurisdiction later.
What is process for lack of jurisdiction
Hello Kare, here's the process for lack of jurisdiction:
- A motion challenging jurisdiction is filed.
- The court hears arguments from both sides.
- The court makes a decision.
- If motion is denied, an appeal can be made.
Is there a difference between automatic disqualification t
Hello Kare, could you please specify what you mean by "automatic disqualification"? Are you referring to a judge, a juror, or something else?
To a judge
Hello Kare, in the context of judges, automatic disqualification typically refers to any situation where a judge must recuse themselves from a case due to a conflict of interest or personal bias. This varies by jurisdiction. Would you like to know more about this in New Mexico?
Yes please
In New Mexico, automatic disqualification of a judge occurs when:
- The judge has personal bias or prejudice concerning a party.
- The judge served as a lawyer in the matter in controversy.
- The judge has a financial interest in the matter.
- The judge or a close relative is a party, or an officer, director, or trustee of a party.
Ok. What is process when judge never had jurisdiction from the start
Hello Kare, if a judge never had jurisdiction from the start in New Mexico:
- File a motion to dismiss for lack of jurisdiction.
- Provide evidence supporting the claim.
- If the motion is denied, consider an interlocutory appeal or regular appeal after final judgment.
What if plaintiff is not party of interest
Hello Kare, if a plaintiff is not a party of interest in New Mexico:
- The case could be dismissed for lack of standing.
- The real party in interest may need to be substituted.
- The defendant can raise this issue in a motion to dismiss.
Ok. Thank you
You're welcome, Kare! If you have any more questions in the future, don't hesitate to contact us at FreeLawChat. We're here to help you.
Can a judge take someone word about something,no evidence to back it
In New Mexico, judges may consider testimonial evidence, which is someone's word. However, the weight given to such evidence can vary. Are you asking about a specific type of case or situation?
Foreclosure case, judge took plaintiff word that there was a mortgage,when there is no mortgage
Hello Kare, in a foreclosure case in New Mexico, a plaintiff must typically provide written proof of the mortgage. If you believe this was not done, you may be able to appeal the decision or seek a motion for reconsideration. Would you like information on how to do this?
I did reconsider,denied. I'm at motion to dismiss lack of jurisdiction. Judge said he don't believe me,is what he was going off
Hello Kare, if your motion to dismiss for lack of jurisdiction was denied, you have the right to appeal this decision. Are you interested in knowing the process for filing an appeal in New Mexico?
Reconsider was denied,. Motion to dismiss lack of jurisdiction at moment is being ignored
Hello Kare, if your motion to dismiss for lack of jurisdiction is being ignored, you may want to consider consulting with a legal professional. They can guide you on the next steps, which might include filing an appeal or a complaint. Would you like information on how to find a legal professional in New Mexico?
Yes please
To find a legal professional in New Mexico, you can:
- Contact the New Mexico State Bar Association's Lawyer Referral Service.
- Use online directories like Avvo or Justia.
- Ask for referrals from friends or family.
- Consult legal aid if you qualify.
Thank you
You're welcome, Kare! Don't hesitate to reach out if you have any more questions. Best of luck with your legal situation!
Judgement says that all parties are hereby foreclosed of interest,rights,. Does all parties mean plaintiff and defendant
Hello Kare, the term "all parties" generally refers to both plaintiff and defendant. However, the exact meaning can vary based on the context of the judgment. It would be best to consult with a legal professional to understand the specific terms of your judgment.
Ok.thank you
You're welcome, Kare! If you have any more questions in the future, don't hesitate to contact us at FreeLawChat. We're here to help you.
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