New Mexico Forms Library

Decision Information

Form 4-309. Thirty (30)-day notice of intent to dismiss for failure to prosecute.

Collection New Mexico Forms Library
Form Type Magistrate and Metro Court Forms
Citations - New Mexico Laws and Court Rules
Rule Set 2 - Rules of Civil Procedure for the Magistrate Courts - cited by 499 documents

Decision Content

4-309.  Thirty (30)-day notice of intent to dismiss for failure to prosecute.

[For use with Rule 2-305 NMRA]

 

STATE OF NEW MEXICO

IN THE ______________________ COURT

_____________________________ COUNTY

 

______________________________, Plaintiff,

 

v.                                                                                                            No. ____________

 

______________________________, Defendant.

 

 

THIRTY (30)-DAY NOTICE OF INTENT TO

DISMISS FOR FAILURE TO PROSECUTE

 

This action has been pending for six (6) months from the date the complaint was filed. The court finds that [the plaintiff] [the defendant asserting a counterclaim] has failed to take any available steps to have the claims resolved. If the [the plaintiff] [the defendant asserting a counterclaim] fails to take any available steps to bring the case to trial or otherwise prosecute the claims within thirty (30) days after service of this notice, the court shall dismiss the claims without prejudice for failure to prosecute.

 

                                                                              ______________________________

                                                                              Judge

 

[Adopted by Supreme Court Order No. 16-8300-021, effective for all cases pending or filed on or after December 31, 2016.]

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