New Mexico Claims Process

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New Mexico Claims Process

New Mexico Courts with Jurisdiction Over Civil Matters

NM

Magistrate Court Handles preliminary hearings, and small claims civil cases with an amount in controversy of up to $10,000. District Court The court of general jurisdiction, including general civil cases. Court of Appeals The intermediate level appellate court; has general appellate jurisdiction over district court cases. New Mexico Supreme Court The highest court in the state; hears appeals from the Court of Appeals and from the state trial courts.

$10,000

Magistrate Court

District Court

Court of Appeals

Supreme Court

court of general jurisdiction

intermediate level appellate court; general appellate jurisdiction over district court cases

highest court in the state; hears appeals from the Court of Appeals

jurisdiction up to $15,000

Pleadings In the beginning stages of a lawsuit, legal documents called pleadings are filed. To initiate the suit, the plaintiff files a Complaint which sets forth cause(s) of action against named Defendant(s). After the Plaintiff files the Complaint and properly serves the Complaint on the Defendant(s), the Defendant(s) then have 30 days to file an Answer. The Defendant(s)' Answer will respond to each of the causes of action in the Complaint and set forth any defenses, cross claims and/or counter claims.

Discovery

After the parties file all necessary pleadings, the discovery process will begin. This can include any of the following:

Interrogatories Formal questions and/or requests for information served on one party by and opposing party. The party served with interrogatories must provide written responses or respond with an objection.

Requests for Production of Documents Formal requests for certain documentation relevant to the claims and defenses.

Trial

Depositions Either a party or a non-party witness will provide oral testimony under oath in the presence of a court reporter.

Trials can take from 1 Day

If the parties have not reached a settlement, at the conclusion of discovery, the case then proceeds to trial. Depending on the complexity, a trial can take as little as a single day or as long as several weeks. At the conclusion of a typical civil trial, the jury will return a verdict for the plaintiff and award money damages or the jury will return a verdict finding that the defendant was not at fault.

to 2 Weeks

Motions and Appeals After the jury returns their verdict, the parties may file post trial motions and/or appeal the verdict to the appropriate appellate court in New Mexico.

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