Rule text
[General Form for use in the Magistrate or Metropolitan Court]
STATE OF NEW MEXICO COUNTY OF __________________ _______________________ COURT
No. ____________
_____________________________, Plaintiff
v.
_____________________________, Defendant
MOTION TO DISMISS ACTION
[Plaintiff] [Defendant] requests the court to dismiss the above cause of action for the following reason: _____________________________________________________ ___________________________________________________________________.
________________________________ (Plaintiff) (Defendant)
USE NOTES
A copy of this motion must be served on the other party or, if represented by an attorney, on the attorney for the other party not less than eight (8) days before the time fixed for the hearing.
[As amended, effective November 1, 2000; as amended by Supreme Court Order No. 05-8300-005, effective March 21, 2005.]
Notes
ANNOTATIONS
The 2005 amendment, effective March 21, 2005, deleted the "order" part of this form. The prior form included a form order for granting or denying a motion to dismiss.
The 2000 amendment, effective November 1, 2000, changed the form from an order dismissing action to a motion to dismiss action and order and made stylistic changes in the form.
Cross references. -- For rule governing computation of time for service of this form, see Rules 2-104 and 3-104 NMRA.
For form order granting or denying a motion to dismiss, see 4-306B NMRA.