Motion to Dismiss - New Mexico

IN THE [________] JUDICIAL DISTRICT COURT

COUNTY OF [________], STATE OF NEW MEXICO

[Plaintiff], Plaintiff
v.
[Defendant], Defendant

No. [________]

DEFENDANT'S MOTION TO DISMISS AND SUPPORTING MEMORANDUM

Defendant [________] moves under Rule 1-012(B) NMRA to dismiss [identify complaint or claims] on the selected grounds below. Rule 1-012(B) requires a motion asserting these defenses to be made before pleading if a further pleading is permitted.

Grounds

☐ (B)(1) Lack of subject matter jurisdiction: [identify legal limit and relevant facts].

☐ (B)(2) Lack of personal jurisdiction: [identify defendant, contacts, and governing legal authority]. Analyze service separately under (B)(4) or (B)(5) if asserted.

☐ (B)(3) Improper venue: [identify why this county is improper under the applicable venue law and specify requested relief].

☐ (B)(4) Insufficiency of process: [identify defect in the summons or process].

☐ (B)(5) Insufficiency of service of process: [identify attempted service and the governing service rule].

☐ (B)(6) Failure to state a claim upon which relief can be granted: [identify the claim and the missing legal basis under current New Mexico authority].

☐ (B)(7) Failure to join a party under Rule 1-019 NMRA: [identify party, explain why joinder is needed, and state the appropriate remedy].

Motion status and record

The movant determined that this motion is [opposed / unopposed] by [describe contact or basis]. Rule 1-007.1(B) requires the movant to determine whether a motion will be opposed; if unopposed, submit an order approved by all parties. Rule 1-007.1(C) excepts a motion to dismiss from its concurrence-request requirement.

1. Plaintiff filed [identify complaint] on [date].
2. Defendant was served on [date] by [method].
3. The answer is due [date and basis]; this motion is filed on [date].
4. [Identify any earlier motion, scheduling order, and facts material to each selected ground.]

Memorandum of law

Introduction and governing law

[State the particular basis for dismissal and cite current New Mexico authority establishing the merits standard. Rule 1-012(B) supplies the procedural ground, and the substantive issue may need a separate statute or decision.]

Argument

Ground [subparagraph] — [heading]. [Apply the governing authority to the allegations, service facts, or other permissible record material. Explain the remedy. Repeat for every selected ground.]

If material outside the pleading is submitted on a (B)(6) motion and the Court does not exclude it, Rule 1-012(B) requires summary judgment treatment under Rule 1-056 NMRA and a reasonable opportunity for all parties to present pertinent material. [State whether any attachment raises this issue.]

Relief requested

Defendant asks the Court to [dismiss identified claims / state other supported relief] [with / without] prejudice only as justified by the selected ground and controlling law. [Identify any separately supported costs or fees request, or omit it.]

Dated: [________]
Respectfully submitted,

[Signature]
[Name and New Mexico Bar number, or self-represented party]
[Address]
[Telephone]
[Email]
[Counsel for Defendant / self-represented Defendant]

Certificate of service

I certify that on [date] I served this motion, memorandum, and accompanying documents on [each other party or counsel] by [method and address].

[Signature]

Request for hearing — file with an opposed motion

Defendant requests a hearing under Rule 1-007.1(G) NMRA on the opposed Motion to Dismiss filed [date]. [Explain whether oral argument or testimony is requested and why.] The Court will determine any setting; this request does not select a hearing date.

[Signature]

Accompanying proposed order

IN THE [________] JUDICIAL DISTRICT COURT, COUNTY OF [________], NEW MEXICO
[Plaintiff] v. [Defendant], No. [________]

PROPOSED ORDER ON DEFENDANT'S MOTION TO DISMISS

Upon consideration of the motion, any response and reply, and the record, the Court ORDERS that the motion is [granted / granted in part / denied]. [Identify each affected claim or party, the ground decided, and any leave to amend.] [State with or without prejudice only as the Court determines.] [Include costs or fees only if authorized and requested.]

Dated: [________]
____________________________
District Judge

Supplemental hearing notice — use only after the Court sets a hearing

To: [all recipients]
The Court has set Defendant's Motion to Dismiss for [court-assigned date and time] at [location or remote details]. This notice communicates the Court's setting; it does not set a hearing.

Served on [date] by [method] on [recipients].
[Signature]

Filing checks

• Rule 1-007.1(D) ordinarily gives 15 days after service for a response; (F) ordinarily gives 15 days after service of a response for a reply. File a notice of completion of briefing when the applicable response times expire under (H).
• Rule 1-012(G) restricts another motion based on an available defense omitted from the first motion; (H)(1) identifies personal-jurisdiction, venue, process, and service defenses that may be waived.
• Under Rule 1-012(A)(1), if the Court denies this motion or postpones disposition until trial, the responsive pleading is ordinarily due 10 days after the Court's action unless the Court orders a different time.