Category Archives: Procedure

Justice Nakamura issues her first two opinions for the NM Supreme Court

Justice Nakamura took office in December, and has now issued her first two opinions for the unanimous Supreme Court: 1. In State v. Anthony Holt, the Court upheld the breaking-and-entering conviction of a man who was in the process of … Continue reading

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NM Supreme Court: Motion to disqualify lawyer must be resolved before agency or court hears the merits

When a motion to disqualify a lawyer is filed, a court or administrative agency must decide that motion before allowing the lawyer to participate in any proceedings on the merits. That’s essentially what the New Mexico Supreme Court held yesterday … Continue reading

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A Trap for the Unwary on Appeal : N.M. Rule 1-054(B) Claims Another Victim

The New Mexico Rules of Civil Procedure are usually identical to the Federal Rules of Civil Procedure.  But Rule 1-054 is decidedly not identical to its federal counterpart, Rule 54, and a failure to appreciate the difference can be fatal … Continue reading

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Court of Appeals issues reminder that separate arbitrations can be consolidated.

In the last of the Court of Appeals’ recent trifecta of arbitration decisions, Lyndoe v. D.R. Horton, Inc. (decided on July 24), we are reminded that separate arbitration cases can be consolidated, at least in some circumstances.  The prospect of … Continue reading

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Court of Appeals confirms that deemed denied provision in statute is no longer valid.

In the past, New Mexico’s rules governing post-judgment motions contained many “deemed denied” provisions.  For example, if a post-judgment motion were timely filed, and the district court did not act on the motion within 30 days, the motion was deemed … Continue reading

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