Rule text
[For use with Magistrate Court Rule 2-806 NMRA; Metropolitan Court Rule 3-806 NMRA]
STATE OF NEW MEXICO [COUNTY OF _______________]
__________________ COURT
_______________________________, Plaintiff,
v. No. __________
_______________________________, Defendant.
MOTION FOR JUDGMENT AND STATEMENT OF NONCOMPLIANCE
I request that the court reopen this case and enter a judgment enforcing the terms of a Mediated Settlement Agreement. In support of this request, I state as follows:
1. [] The parties entered a Mediated Settlement Agreement, and a Stipulation of Dismissal After Mediated Settlement Agreement was filed on ___________________ (date). 2. [] Plaintiff/Defendant has breached the terms of the Mediated Settlement Agreement. 3. [] A copy of the Mediated Settlement Agreement was filed with the court on ___________________ (date); or [] A copy of the Mediated Settlement Agreement was not filed, but is attached. (check all that apply) 4. [] Under the terms of the Mediated Settlement Agreement, Plaintiff/Defendant agreed to pay $_____________. [] Under the terms of the Mediated Settlement Agreement, Plaintiff/Defendant agreed to the following: ______________________________________ ________________________________________________________________________ _______________________________________________________________________. (check all that apply) 5. [] As of today's date, Plaintiff/Defendant has paid a total of $ _________________________ [] As of today's date, Plaintiff/Defendant has done the following: ______________________ _______________________________________________________________________ ______________________________________________________. (check all that apply) 6. [] Under the terms of the Mediated Settlement Agreement, [] Plaintiff/Defendant still owes a total of $_____________. Under the terms of the Mediated Settlement Agreement, Plaintiff/Defendant still needs to do the following: _________________________________ ________________________________________________________________________ _______________________________________________________________________. 7. [] I request that the court reopen this case and enter judgment in the amount listed below and for any other relief that the court deems just and proper. Payments remaining: $ _____________ Interest, costs, fees, and other amounts (if allowable): _____________________________ $ _____________ _____________________________ $ _____________ _____________________________ $ _____________ _____________________________ $ _____________ _____________________________ $ _____________ Total judgment requested: $ _____________ I affirm under penalty of perjury under the laws of the State of New Mexico that the forgoing is true and correct, on this _____ day of _______________, ____________. ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Address ________________________________________ City, State, and Zip Code ________________________________________ Phone STATEMENT OF SERVICE I declare under penalty of perjury under the laws of the State of New Mexico that I served a copy of this Motion and Statement on the following person(s) by certified mail, postage prepaid, on this ________ day of ________________, ___________: _____________________________ _____________________________ Name Name _____________________________ _____________________________ Address Address _____________________________ _____________________________ City, State, and Zip Code City, State, and Zip Code _____________________________ Signature _____________________________ Printed Name
[Adopted by Supreme Court Order No. 14-8300-012, effective for all cases filed or pending on or after December 31, 2014.]
ARTICLE 9 Statutory Proceedings