Pro se litigant Help

[quincy]

Yes I was, but I started this topic after I received the Motion to Dismiss with Prejudice from the opposing party. So I wanted to get a clearing understanding of what do before I submitted my response. When I did, I responded to dismiss without prejudice, if I needed to return back to the COA.

And yes, I have been through the list and I'm waiting for correct replies, for some only handle business accounts.

You will have better luck actually meeting in person with an attorney in your area, who can personally review the facts of your legal action and offer an opinion, advice and direction based on the specifics, rather than waiting for substantive answers online. Especially since you are likely looking at a time crunch.

I didn't re-read the thread so I don't know if this has been mentioned but just in case it hasn't, if there are any law schools in your area sometimes they hold "clinics"where third-year students, under the supervision of their professors, will review and provide advice.

The University of New Mexico School of Law is in Albuquerque (https://lawschool.unm.edu) but it is a small school and I don’t know if it staffs a legal aid clinic.

Here is a link to the New Mexico Bar: https://www.sbnm.org/For-Public

 

[cbg]

Not all of them do. I can't promise it. But it's worth a shot. Worst that can happen is that there isn't one. Nothing ventured, nothing gained.

 

[quincy]

Not all of them do. I can't promise it. But it's worth a shot. Worst that can happen is that there isn't one. Nothing ventured, nothing gained.

It doesn’t appear that the previous links to legal resources in the State have been utilized yet by pro.se.litigant but you are right. One more link won’t hurt.

 

[cbg]

And who knows, if he's not interested, it might be some future reader of the thread might be.

 

[pro.se.litigant]

You will have better luck actually meeting in person with an attorney in your area, who can personally review the facts of your legal action and offer an opinion, advice and direction based on the specifics, rather than waiting for substantive answers online. Especially since you are likely looking at a time crunch.

Working on it...

The University of New Mexico School of Law is in Albuquerque (https://lawschool.unm.edu) but it is a small school and I don’t know if it staffs a legal aid clinic.

I try them before the end of the week, perhaps tomorrow if I have time after calling everyone on this list: https://www.lawinfo.com/administrative/new-mexico/albuquerque/ and in addition to one callback, but for businesses only, however referred me to two other attornies.

Here is a link to the New Mexico Bar: https://www.sbnm.org/For-Public

This one was a big disappointment, as I finished describing my case in a detailed summary manner, the communication between us two seem to stop, even though the lines were connect I couldn't hear a response when checking to see if this person was still there, then there was a disconnection. I called back to only get the recording to leave a message again even though I was first in line (same as last time). I even email them to call me back.

So, will see if they do.

 

[pro.se.litigant]

Can anyone provide me the actual Cobb v. Lewis, 488 F.2d 41 (5th Cir. 1974) case or how to look it up? I would like to read in context this quote,

"The court in Cobb held that the requirement of filing the notice of appeal was satisfied although mistakenly filed by appellants in the court of appeals. {*18} In so holding, the court concluded that the mistake in filing was a mere irregularity in the form or procedure for filing the notice of appeal--not a jurisdictional defect."

Taken from: https://www.nmonesource.com/nmos/nmca/en/item/377520/index.do, {4}

 

[quincy]

Can anyone provide me the actual Cobb v. Lewis, 488 F.2d 41 (5th Cir. 1974) case or how to look it up? I would like to read in context this quote,

"The court in Cobb held that the requirement of filing the notice of appeal was satisfied although mistakenly filed by appellants in the court of appeals. {*18} In so holding, the court concluded that the mistake in filing was a mere irregularity in the form or procedure for filing the notice of appeal--not a jurisdictional defect."

Taken from: https://www.nmonesource.com/nmos/nmca/en/item/377520/index.do, {4}

Cobb v. Lewis:
https://casetext.com/case/cobb-v-lewis

 

[pro.se.litigant]

Cobb v. Lewis:
https://casetext.com/case/cobb-v-lewis

Thanks,

Question, even though a interlocutory order and me having no case filed, could I use this as a authority in opening my case in a post-deadline petition?

 

[Zigner]

Thanks,

Question, even though a interlocutory order and me having no case filed, could I use this as a authority in opening my case in a post-deadline petition?

Your question goes beyond the scope of an internet forum. You need to speak to an attorney.

 

[pro.se.litigant]

The responses are taking too long and don't want to delay filing a petition for a review, looks like I have to do this myself again. Getting too many excuses like, "send us your information, but due to case load prevents prompt response".

Question, Rule 1-006(B)(1)(b) NMRA, I'm assuming this is only for cases already filed correct?

In the annotations:
Administrative appeals. — Paragraph A of this rule does apply to filing motions under Rule 1-074 R NMRA. Garza v. State Taxation & Revenue Dep’t, 2004-NMCA-061, 135 N.M. 673, 92 P.3d 685.

But what about Paragraph B? Are we still talking about filed cases?

 

[Ohiogal]

The responses are taking too long and don't want to delay filing a petition for a review, looks like I have to do this myself again. Getting too many excuses like, "send us your information, but due to case load prevents prompt response".

Question, Rule 1-006(B)(1)(b) NMRA, I'm assuming this is only for cases already filed correct?

In the annotations:
Administrative appeals. — Paragraph A of this rule does apply to filing motions under Rule 1-074 R NMRA. Garza v. State Taxation & Revenue Dep’t, 2004-NMCA-061, 135 N.M. 673, 92 P.3d 685.

But what about Paragraph B? Are we still talking about filed cases?

You are beyond the scope of what this forum can do...Seriously...

 

[pro.se.litigant]

Actually I found something to begin my appeal in this case that is almost similar:

Late filing of appeal. — Because timely filing of an appeal is a mandatory precondition rather than an absolute jurisdictional requirement, a trial court may, under unusual circumstances, use its discretion and entertain an appeal even though it is not timely filed. The decision to dismiss an appeal is extreme and must be determined on a case-by-case basis. Trujillo v. Serrano, 1994-NMSC-024, 117 N.M. 273, 871 P.2d 369.

So my question is. file the petition with authorities w/reason for the late file or file just the petition w/reason hoping they will accept, but if not appeal to the COA with authorities, reasons being already fimilure with my case in record.

 

[quincy]

Actually I found something to begin my appeal in this case that is almost similar:

Late filing of appeal. — Because timely filing of an appeal is a mandatory precondition rather than an absolute jurisdictional requirement, a trial court may, under unusual circumstances, use its discretion and entertain an appeal even though it is not timely filed. The decision to dismiss an appeal is extreme and must be determined on a case-by-case basis. Trujillo v. Serrano, 1994-NMSC-024, 117 N.M. 273, 871 P.2d 369.

So my question is. file the petition with authorities w/reason for the late file or file just the petition w/reason hoping they will accept, but if not appeal to the COA with authorities, reasons being already fimilure with my case in record.

Approval of a late filing of appeal, as noted above in your post, would be an extreme decision based on unusual circumstances.

The fact that you goofed when filing does not seem to me to warrant an exception to the timely filing requirement but, at this point, I am not sure what you have to lose.

No one on this forum, by the way, can provide you with advice specific to your legal action. That is considered the practice of law and exceeds the scope of this forum. You need to consult with an attorney licensed to practice in your jurisdiction. We can only offer information and general advice.

Good luck.