EZRCP · New Mexico · Part 1 - District Court Rules · Rule 1-078 NMRA

Rule 1-078 NMRA. — Motion day.

New Mexico · Part 1 - District Court Rules

Open on EZRCP

Rule text

Unless local conditions make it impracticable, each district court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as he considers reasonable may make orders for the advancement, conduct and hearing of actions.

Notes

ANNOTATIONS

Cross references. -- For assignment of cases for trial, see Rule 1-040 NMRA.

Simplification of litigation. -- Motion provisions of the rules of procedure are construed to effect simplification of litigation, and to provide speedy determination of litigation upon its merits. Read v. Western Farm Bureau Mut. Ins. Co., 1977-NMCA-039, 90 N.M. 369, 563 P.2d 1162.

Time and place for disposition of motions should be established. -- Court of appeals does not condone practice of attorneys permitting motions to rest in peace; disposition of motions is an important aspect of civil procedure and some reasonable time and place for hearing and disposition should be established by district courts. Read v. Western Farm Bureau Mut. Ins. Co., 1977-NMCA-039, 90 N.M. 369, 563 P.2d 1162.

Disposition of motions is an important aspect of civil procedure and some reasonable time and place for hearing and disposition should be established by district courts. Atol v. Schifani, 1971-NMCA-153, 83 N.M. 316, 491 P.2d 533.

Am. Jur. 2d, A.L.R. and C.J.S. references. -- 56 Am. Jur. 2d Motions, Rules and Orders §§ 1, 7, 8, 22, 23.

60 C.J.S. Motions and Orders §§ 8, 37(1) to 37(3).