STATE COURT MOTION FOR SUMMARY JUDGMENT
Template • New Mexico District Courts • Rule 1-056 NMRA
[// GUIDANCE: This template is designed for New Mexico state‐court civil actions in the district courts. It integrates Rule 1-056 NMRA summary-judgment standards, Rule 1-007.1 NMRA briefing limits, and the evidentiary requirements of Rule 1-056(E) NMRA and the New Mexico Rules of Evidence. All bracketed text must be customized before filing.]
TABLE OF CONTENTS
- Caption & Title
- Motion for Summary Judgment
2.1 Introduction & Relief Requested
2.2 Statement of Undisputed Material Facts
2.3 Standard of Review
2.4 Argument & Authorities
2.5 Conclusion - Notice of Hearing
- Certificate of Compliance with Rule 1-007.1 NMRA
- Certificate of Service
- Signature Block
- Proposed Order (attached)
- Exhibits & Supporting Affidavits (attached)
1. CAPTION & TITLE
STATE OF NEW MEXICO
COUNTY OF [COUNTY NAME]
[___] JUDICIAL DISTRICT COURT
[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) No. D-[COUNTY]-CV-[CASE #]
)
[DEFENDANT NAME], )
Defendant. )
________ )
MOTION FOR SUMMARY JUDGMENT
2. MOTION FOR SUMMARY JUDGMENT
2.1 Introduction & Relief Requested
COMES NOW [Moving Party] (“Movant”), pursuant to Rule 1-056 NMRA, and respectfully moves this Court for summary judgment in its favor on all claims asserted by [Non-Moving Party]. As demonstrated below, there is no genuine issue as to any material fact and Movant is entitled to judgment as a matter of law. Movant therefore requests that the Court:
a. Grant this Motion;
b. Enter the Proposed Order submitted herewith; and
c. Award such other and further relief as the Court deems just and proper.
[// GUIDANCE: If partial summary judgment is sought, specify the exact claims or defenses.]
2.2 Statement of Undisputed Material Facts
Pursuant to Rule 1-056(D) NMRA, Movant sets forth each material fact, separately numbered, with pinpoint citations to admissible evidence in the record.
- On [DATE], [UNDISPUTED FACT #1]. (Ex. A, ¶ 3).
- [UNDISPUTED FACT #2]. (Dep. of [NAME] 14:6-15, Ex. B).
- [Etc.]
[// GUIDANCE:
• Every fact must be material to at least one claim or defense.
• Cite only evidence that would be admissible at trial (affidavits based on personal knowledge, deposition excerpts, discovery responses, authenticated documents).
• Attach each cited item as a separately tabbed exhibit.]
2.3 Standard of Review
Under Rule 1-056(C) NMRA, summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” The moving party bears the initial burden of production. Once that burden is met, the non-moving party must “make a prima facie showing of the existence of a genuine issue” rather than rest upon mere allegations. Rule 1-056(E) NMRA.
2.4 Argument & Authorities
A. Claim I: [Identify Claim] Fails as a Matter of Law
1. Applicable Legal Elements
[Briefly list statutory or common-law elements.]
2. Application to Undisputed Facts
• Element 1: [Explain why undisputed Fact ¶__ satisfies or negates element.]
• Element 2: […]
3. Result: No triable issue exists; judgment should be entered for Movant.
B. Claim II: [Repeat structure for each remaining claim or affirmative defense.]
[// GUIDANCE:
• Use headings that track the claims in the pleadings.
• Where appropriate, incorporate legal presumptions or burden-shifting frameworks recognized in New Mexico.
• Avoid citing unpublished or recent cases per citation policy. Cite rules or statutes only when absolutely certain.]
2.5 Conclusion
For the foregoing reasons, Movant respectfully requests that the Court grant this Motion for Summary Judgment, dismiss [specify claims/parties] with prejudice, and award Movant such additional relief as is just and proper.
3. NOTICE OF HEARING
PLEASE TAKE NOTICE that Movant will bring the above Motion on for hearing before the Honorable [JUDGE NAME] in Courtroom [#], [Courthouse Address], on [DATE] at [TIME], or as soon thereafter as counsel may be heard.
[// GUIDANCE: Consult the assigned judge’s scheduling practices. Many New Mexico districts require a separate Request for Hearing or use telephone-setting procedures.]
4. CERTIFICATE OF COMPLIANCE WITH RULE 1-007.1 NMRA
I hereby certify that this Motion, including all substantive sections, contains _ words and _ pages, exclusive of caption, signature blocks, certificates, and exhibits, and therefore complies with the 35-page limit of Rule 1-007.1 NMRA.
5. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ___ day of [MONTH] [YEAR], I caused a true and correct copy of the foregoing Motion for Summary Judgment, together with all exhibits and the proposed order, to be served on all counsel of record via [method of service permitted under Rule 1-005 NMRA], addressed as follows:
• [Name, address, e-mail]
• [Etc.]
6. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
[Address]
[Phone] | [Email]
By: ______
[ATTORNEY NAME]
New Mexico State Bar No. [__]
Attorney for [Moving Party]
7. PROPOSED ORDER
[Attach a separate pleading styled “Order Granting Motion for Summary Judgment,” leaving blank signature and date lines for the Court.]
8. EXHIBITS & SUPPORTING AFFIDAVITS
Tab A – Affidavit of [NAME]
Tab B – Deposition Excerpts of [NAME]
Tab C – [Document]
[Add as needed]
[// GUIDANCE: Affidavits must: (a) be made on personal knowledge, (b) set forth admissible facts, and (c) affirm competency to testify, per Rule 1-056(E) NMRA. Attach business-records certifications or other foundational materials if authenticity could be challenged.]
END OF TEMPLATE