What is the process for filing a lawsuit?

The process for filing a lawsuit in New Mexico begins with obtaining the services of an experienced lawyer. This lawyer will help you define your legal rights and advise you of the best legal strategy for pursuing your case. Once a lawyer has been hired, a Complaint must be prepared with the court. This document outlines the legal issues involved in the case and lists the remedies that you are seeking. It also includes a list of the names and addresses of the people and organizations involved in the case. The Complaint must be served, or delivered to the other parties. After the Complaint has been served, the defendants have 20 days to file an Answer with the court. The Answer will outline the defendant’s legal position regarding the case. The defendant may also choose to file a Counterclaim against the plaintiff, which alleges that the plaintiff has caused some harm to the defendant. Afterward, the parties will enter into a process of discovery. During discovery, documents and other evidence related to the case are exchanged, including requests for documents, depositions, and interrogatories. After discovery is complete, the parties may enter into settlement negotiations or mediation, or the case will proceed to trial. If the case goes to trial, each side presents evidence and arguments to the court, and a judge or jury will decide the outcome.

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