Motion Dismissal Legal Procedures

Summary

In New Mexico, if a motion to dismiss is unopposed, the case should typically be closed. Multiple cases can be open simultaneously, but if they are related, it may cause complications. If a case is pending dismissal without prejudice, a related case can generally be filed. However, this could lead to conflicting decisions, possible consolidation of cases, increased legal complexity, and delay in proceedings. A Notice of Unopposed Motion for Dismissal can be filed if the defendant hasnt responded to the motion to dismiss. The standard time to respond to a motion is usually 30 days from the date of service. If a motion to dismiss is not responded to, the court may grant the motion by default.

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New Mexico
Hello Natasha, could you please provide more details about your legal issue in New Mexico? This will help me provide the most accurate information.
I served the defendant with a notice of motion to dismiss 90 days ago. There was no opposition filed by the defendant. Motion to dismiss without prejudice was filed 60 days ago, but the case has not been dismissed. How do I get it closed?
In New Mexico, if a motion to dismiss has been filed and there's no opposition from the defendant, the case usually should be closed. You may consider:
- Checking if there are any pending matters.
- Contacting the court clerk for status.
- If necessary, filing a notice of unopposed motion for dismissal.
A new case has already been filed in small claims court because i assumed the case would be closed. Is that ok? This was the advice i was given.
In New Mexico, generally you can have multiple cases open. However, if they are related, it may cause complications. Ideally, you should:
- Confirm the status of the first case
- Consult with a legal professional
- Inform the court about the situation
Can i file another case if one is pending dismissal?
In general, you can file another case while one is pending dismissal. However, it's best to:
- Consult with a legal professional
- Make sure the cases aren't related, as this can complicate matters
- Inform the court about both cases.
What if the cases are related
If the cases are related, it can complicate matters.
- It may lead to conflicting decisions.
- You should inform the court about both cases.
- Consult a legal professional to understand potential impacts.
What are the impacts of related cases
The potential impacts of related cases could include:
- Conflicting decisions or judgments
- Possible consolidation of cases
- Increased legal complexity
- Delay in case proceedings
It's advisable to consult a legal professional for guidance.
Can i file a related case if one is pending dismissal without prejudice
In New Mexico, if a case is pending dismissal without prejudice, you can generally file a related case. However, keep in mind that:
- It may lead to conflicting decisions.
- Cases might be consolidated.
- It could increase legal complexity.
- It may cause a delay in proceedings.

Always consult a legal professional before proceeding.
What happens if a defendant fails to respond to motion to dismiss
If a defendant in New Mexico fails to respond to a motion to dismiss:
- The court may grant the motion by default.
- The lack of response can be seen as an agreement to the dismissal.
- It's generally advisable to follow up with the court about the case status.
- Consult a legal professional for personalized advice.
Do i need to file anything other than a notice and motion to dismis
In New Mexico, after filing a notice and motion to dismiss:
- Always confirm receipt with the court.
- Follow up on the case status.
- If unopposed, consider filing a notice of unopposed motion for dismissal.
- Consult a legal professional for personalized advice.
What is a notice of unopposed motion for dismissal
A "Notice of Unopposed Motion for Dismissal" is a legal document that you file in court to notify that your motion to dismiss has not been opposed by the other party. It helps expedite the dismissal process. Always consult a legal professional before proceeding.
Can i feel a related case if there is an unppposed motion to dismiss
Yes, you can generally file a related case if there is an unopposed motion to dismiss. However, it's important to:
- Inform the court about both cases.
- Understand that this could lead to conflicting decisions.
- Consult a legal professional for personalized advice.
Can i file an unopposed motion to dismiss if defendant hasnt responded
In New Mexico, if the defendant hasn't responded, you can generally file an unopposed motion to dismiss. However, you should:
- Ensure the time for the defendant to respond has passed.
- Confirm with the court clerk.
- Consult a legal professional for personalized advice.
How long does a defendant have to respond to a plaintiffs motion to dismiss
In New Mexico, the defendant typically has 30 days to respond to a plaintiff's motion to dismiss. However, it's always best to consult with a legal professional for personalized advice.
How long do you have to respond to a motion
In New Mexico, the standard time to respond to a motion is usually 30 days from the date of service. However, this may vary depending on the type of case or the ruling of the court. It's advisable to consult with a legal professional for specific advice.
What if i dont respond to a motion to dismiss
If you don't respond to a motion to dismiss in New Mexico:
- The court may grant the motion by default.
- Your lack of response can be seen as an agreement to the dismissal.
- It's advisable to follow up with the court or consult a legal professional for personalized advice.