Motion Granted After Years
Summary
A motion for summary judgment in New Mexico can be granted even if filed five years ago, provided there are no significant delays or prejudicial effects. Courts consider factors like genuine issues of material fact, timeliness, and prejudice. Responses can be turned into motions depending on the case context. Supplementing a response is possible if new evidence arises. An amended judgment filed without court order may be invalid, requiring a motion to strike. Filing an appeal involves submitting a notice within 30 days, preparing the trial record, and submitting briefs. Foreclosure on a property in an irrevocable trust for a minor must comply with trust terms, requiring court approval and trustee involvement.Full Conversation
Motion summary judgment
In New Mexico, a motion for summary judgment can be granted even if filed five years ago, provided there have been no significant delays or prejudicial effects. Courts will consider factors such as:
- Whether there's a genuine issue of material fact.
- Timeliness of the motion and any delays.
- Prejudice to any party involved.
Could you provide more details about the circumstances of the case, such as any delays or reasons for the motion's timing?
Is it possible for a response turned into a motion
Yes, it is possible to turn a response into a motion, depending on the context of the case and the procedural rules of the court.
Could you provide more details about the response and the type of motion you wish to file?
Supplement response
In New Mexico, supplementing a response to a motion is possible under certain circumstances. Courts may allow this if new evidence or arguments need to be presented.
New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.govCould you explain what new information or evidence you need to include in your supplement response?
If there is no order allowing to amend judgement,and amended was filed
In New Mexico, if an amended judgment was filed without a court order permitting it, the court may consider it invalid. You might need to file a motion to strike the amended judgment or seek clarification from the court.
Would you like more information on how to proceed with challenging the amended judgment?
Yes please
In New Mexico, challenging an amended judgment that was filed without a court order involves the following steps:
- **File a Motion to Strike:** Petition the court to remove the amended judgment due to the lack of authorization.
- **Seek Clarification:** Request the court to clarify the validity of the amended judgment.
New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.govWould you like more details on filing a motion to strike, or do you have other questions?
Yes
To file a Motion to Strike in New Mexico, follow these steps:
*. **Draft the Motion:** Clearly state why the amended judgment should be struck down.
*. **File with the Court:** Submit the motion to the appropriate court.
*. **Serve to Parties:** Ensure all involved parties receive a copy.
New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Would you like guidance on drafting the motion, or do you have additional questions?
How do I file for appeal
To file an appeal in New Mexico, follow these steps:
*. **Notice of Appeal:** File a notice with the original court within 30 days of the judgment.
*. **Record on Appeal:** Prepare and submit the trial court record to the appellate court.
*. **Briefs:** Submit written arguments (briefs) outlining your grounds for appeal.
Would you like more details on any of these steps?
~New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Yes
To file an appeal in New Mexico, here are some detailed steps:
*. **Notice of Appeal:**
- File a notice with the original court within 30 days of the judgment.
- Ensure it includes the judgment being appealed and parties involved.
*. **Record on Appeal:**
- Request the trial court to prepare the record, including transcripts and exhibits.
- Pay any necessary fees for record preparation.
*. **Briefs:**
- Draft and file an appellant brief, detailing legal arguments and errors in the trial court.
- The appellee will file a response brief.
- You may have the opportunity to file a reply brief.
~New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Would you like more information on drafting the notice of appeal or the briefs? Yes
To draft a notice of appeal in New Mexico, follow these steps:
- **Include Essential Information:**
- Judgment being appealed.
- Parties involved.
- Reasons for appeal.
- **File Within Deadline:**
- Within 30 days of the judgment.
- **Pay Fees:**
- Applicable filing fees.
Would you like more information on drafting the briefs or other steps in the appeal process?
Can a 11year old disabled child who didn't sign or close on a mortgage be foreclosed on
In New Mexico, a foreclosure is typically directed at the property rather than individuals. However, specific details about the mortgage and property ownership are crucial.
~New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Could you provide more details about the ownership and mortgage context?
Property belongs to 11yr old child which his property is in irrevocable trust,and court foreclosed on him
In New Mexico, if the property is held in an irrevocable trust for an *-year-old child, the foreclosure process should consider the trust and its terms. Here are some key points:
- **Trust Provisions:** Review the trust document for any clauses related to foreclosure or property management.
- **Guardian/Trustee Role:** The guardian or trustee managing the trust should be involved in any legal actions.
- **Court Actions:** Courts typically protect minors' interests, so any foreclosure should have legal oversight.
Would you like more details on how to challenge the foreclosure or involve the guardian/trustee?
Trust and deed clearly state that said property shall not be encumbered or transferred in any way, without prior written court approval, trustee is only one who can do anything
Given the clear provisions in the trust and deed, any foreclosure proceeding must adhere to those terms. Here are some key steps to consider:
- **File a Challenge:** Petition the court to review the foreclosure process due to non-compliance with the trust terms.
- **Trustee's Role:** The trustee should actively contest the foreclosure, asserting the trust's terms.
Would you like more details on filing a challenge or involving the trustee?
Yes
To challenge the foreclosure in New Mexico, follow these steps:
*. **File a Challenge:**
- Draft a petition to the court, highlighting the non-compliance with the trust terms.
- Provide evidence from the trust and deed documents.
*. **Trustee's Role:**
- The trustee should file legal objections, emphasizing that the property cannot be encumbered without written court approval.
~New Mexico Supreme Court
Phone: (*) *-*
Address: * Don Gaspar Ave, Santa Fe, NM *
Website: www.nmcourts.gov
Would you like more information on drafting the petition or involving the trustee further?
Yes
To draft a petition to challenge the foreclosure in New Mexico, follow these steps:
*. **Draft the Petition:**
- Clearly state the non-compliance with the trust terms.
- Include details and evidence from the trust and deed documents.
*. **File with the Court:**
- Submit the petition to the appropriate court.
*. **Trustee's Role:**
- Ensure the trustee files legal objections, emphasizing the need for written court approval.
Would you like more information on drafting the petition or assistance with the trustee's legal objections?
Yes
To draft a petition to challenge the foreclosure in New Mexico, follow these steps:
*. **Draft the Petition:**
- **State Non-Compliance:** Clearly outline how the foreclosure violates the trust terms.
- **Include Evidence:** Attach relevant documents from the trust and deed.
*. **File with the Court:**
- **Submission:** File the petition with the appropriate court.
- **Ensure Timeliness:** Do this promptly to avoid any delays.
*. **Trustee's Role:**
- **Legal Objections:** The trustee should file objections emphasizing the need for written court approval.
Would you like more detailed guidance on any of these steps or assistance with the trustee's legal objections?
Thank you for information
You're welcome! If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your case.
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