What is the doctrine of judicial estoppel in civil litigation?
The doctrine of judicial estoppel is an important concept in civil litigation in New Mexico. It is a legal doctrine that prohibits a party from asserting a position in a legal proceeding that is inconsistent with a position they have taken in a previous proceeding. For example, if a party filed a lawsuit in one state court, then later filed a lawsuit in a different state court and took a different position in the second lawsuit than the one they took in the first lawsuit, they would be subject to the doctrine of judicial estoppel in both states. This means that the court would be likely to consider the position taken in the first lawsuit as the correct position and would not allow the party to change their position in the second lawsuit. In addition, judicial estoppel also prevents a party from making a claim in a lawsuit that is inconsistent with a position they have taken under oath in other proceedings, such as in a deposition or in a prior court proceeding. For instance, if a party testified under oath in a deposition that they did not know something and then later tried to argue in a lawsuit that they did know that same information, the court would likely not allow the party to take the new position. Ultimately, the doctrine of judicial estoppel is an important tool that is used by courts to ensure that parties are not allowed to take inconsistent positions in different proceedings. This helps to ensure that the legal system runs smoothly and efficiently and that parties are not able to manipulate the court proceedings to their own advantage.
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