Valencia County Magistrate Court in Los Lunas

STATE OF NEW MEXICO

Valencia County Magistrate Court in Los Lunas

______, Plaintiff
v.
______, Defendant / No. ______

MOTION TO REMOVE CASE FROM MEDIATION

COMES NOW ______and moves this Court for its order to remove this action from mediation and proceed to trial. In support of this Motion, ______states as follows:

[ ] That mediation is not appropriate for this action;

[ ] That the parties have previously attempted negotiation without success;

[ ] ______

______

______.

WHEREFORE, by reason of the above, Movant requests that the (mediation) (mediation orientation) scheduled on ______at ______be vacated, that this action proceed to trial, and for any other relief the court deems just and proper.

Date: ______Respectfully submitted,

______

Party or Attorney

______

Mailing Address

______

City, State, Zip Code

CERTIFICATE OF SERVICE

I hereby certify that on ______this Motion to Remove Case from Mediation was

[ ] mailed by United States first class mail and addressed to:

Name: ______Telephone: ______

Address: ______

City, State, Zip ______

[ ] faxed by ______(name of person who faxed document) to ______(name of recipient) at ______(telephone number).

The transmission was reported as complete. The time and date of the transmission was ______(a.m.) (p.m.) on ______(date).

[ ] e-mailed to ______(name of party or attorney) at ______

______(electronic mail address of recipient) upon agreement of the party to accept electronic service. The transmission was reported as complete. The time and date of the transmission was ______(p.m.) (a.m.) on ______(date).

[ ] delivered to ______(Specify how service by delivery was made. See Use Note for the methods service may be made using this alternative) ______.

______

Signature of person sending paper

______

Date of SignatureUSE NOTE

This form may be used in the magistrate court to prepare a certificate or affidavit of service. Only the applicable parts should be used. See rule 2-203 NMRA for service of papers after the complaint.

STATE OF NEW MEXICO

Valencia County Magistrate Court in Los Lunas

______, Plaintiff
v.
______, Defendant / No. ______

ORDER ON MOTION TO REMOVE CASE FROM MEDIATION

THIS MATTER having come before the court on Motion to Remove Case from Mediation, the court, having been sufficiently advised of the matters herein stated, finds just cause to (grant) (deny) this motion.

IT IS THEREFORE ORDERED that the motion be (granted) (denied).

IT IS FURTHER ORDERED that a (Mediation Orientation) (Mediation) (Pre-Trial Hearing) (Trial) in this case shall be set before the Honorable [name of Judge].

______

<judge name token>, Judge

CERTIFICATE OF SERVICE

I CERTIFY that a copy of the foregoing was served on ______to:

Plaintiff Name / Address
Defendant Name / Address

______, Clerk