Late request for hearing

[NeilTheCop]

What is the name of your state? New Mexico.

It's been a while I know, but I'm stuck and need some sage advice.

I filed a petition for a writ of certiorari with the District Court on July 15th, 2021.
Opposing counsel filed a motion to deny that petition on August 10th citing lack of jurisdiction.
I filed a motion to strike counsels motion to deny on August 23rd.
Counsel has now filed a request for a hearing on the motion to deny that he filed on August 10th.

I will be filing a memorandum objecting to the request because the rule on a request for a hearing is very clear.
Rule 1-007.1(G)
"A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court."

So he filed his request for a hearing about 21 days after he filed his motion to deny, but did not request a hearing or an oral argument with that motion.

Now the question.
Does his request for a hearing, which will possibly be denied, in any way 'stop the clock', thereby preventing me from filing a notice of completion regarding my motion to strike when the allowed time period for a response has expired?

 

[Zigner]

Why would his request for a hearing be denied?

EDIT:
To save a step - why do you think that Rule 1-007.1(G) will apply in your situation? At the time he filed his motion, there wasn't an opposition to it. In fact, it was only 13 days after the motion was filed before you filed an opposition.

 

[quincy]

It might be important for others not familiar with your lengthy posting history to do a quick review, Neil. Yours has always been a legal action that has begged for local attorney assistance.

 

[Taxing Matters]

What is the name of your state? New Mexico.

Now the question.
Does his request for a hearing, which will possibly be denied, in any way 'stop the clock', thereby preventing me from filing a notice of completion regarding my motion to strike when the allowed time period for a response has expired?

It appears that the answer to that question is no. The commentary to the rule states:

The notice of completion of briefing required under Paragraph H of this rule shall be filed upon the expiration of the applicable deadline for filing responses and replies under Paragraphs D or F of the rule. The Judicial Districts may adopt local rules to incorporate additional filing requirements to coincide with the filing of the notice of completion of briefing. See, e.g., LR13-404(A) NMRA (adopting motion package procedure). The district court may defer ruling on the request for hearing until the court receives the notice of completion of briefing. After the court announces its decision, the court shall comply with the requirements of Rule 1-058 NMRA.​

Rule 1-007.1 - Motions; how presented, N.M. R. Civ. P. Dist. Ct. 1-007.1 (bolding added). The bolded portion indicates that the notice of completion may be filed prior to the court holding the hearing or ruling on the request for a hearing. Once all the briefing is done and the time for responses has expired it is time to do the notice of completion. But your local court rules and practices may impact the answer to this. I agree it would benefit you to have the help of local counsel on this.

 

[NeilTheCop]

Why would his request for a hearing be denied?

Rule 1-007.1(G)
"A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court."
Seems self explanatory, it's the rules that both sides have to abide by, so what am I missing?

 

[zddoodah]

I filed a petition for a writ of certiorari with the District Court on July 15th, 2021.

Please explain. A petition for a writ of certiorari is filed with the New Mexico Supreme Court to try and convince the Court to review a decision of a lower court. See N.M. R. App. P. 12-502. For what purpose would you file a cert petition in a district court?

Opposing counsel filed a motion to deny that petition on August 10th citing lack of jurisdiction.

Understandable given my comments above.

I filed a motion to strike counsels motion to deny on August 23rd.

Based on what?

 

[Litigator22]

What is the name of your state? New Mexico.

It's been a while I know, but I'm stuck and need some sage advice.

I filed a petition for a writ of certiorari with the District Court on July 15th, 2021.
Opposing counsel filed a motion to deny that petition on August 10th citing lack of jurisdiction.
I filed a motion to strike counsels motion to deny on August 23rd.
Counsel has now filed a request for a hearing on the motion to deny that he filed on August 10th.

I will be filing a memorandum objecting to the request because the rule on a request for a hearing is very clear.
Rule 1-007.1(G)
"A request for hearing shall be filed at the time an opposed motion is filed. The request for hearing shall be substantially in the form approved by the Supreme Court."

So he filed his request for a hearing about 21 days after he filed his motion to deny, but did not request a hearing or an oral argument with that motion.

Now the question.
Does his request for a hearing, which will possibly be denied, in any way 'stop the clock', thereby preventing me from filing a notice of completion regarding my motion to strike when the allowed time period for a response has expired?

So the defending agency (or whatever) has elected to move for dismissal of your writ alleging "lack of jurisdiction over the subject matter" (Rule P 1 of the New Mexico District Court Rules of Civil Procedure). Now, in turn you intend to file a memorandum objecting to the agency's request for oral argument and the grounds that it is untimely.

So what? What is your problem? Either the district court has the authority to review and act upon your writ/petition or it doesn't. It's either black or white. And no memoranda on your part are going to change that!

Have you lost sight of the fact that you are the principal movant here? That it is you that is asking the District Court to grant relief from the respondent agency's findings, etc.?

As such one might suppose that you'd be anxious to have the court act upon and reject the respondent's motion to dismiss and thus proceed to treat with the substantive issues and your arguments as contained and presented in your formal written statement.

This in lieu of engaging in unproductive time consuming procedural nitpicking! That is, of course unless, you are just staling for time and postponing the inevitable.

 

[Litigator22]

Please explain. A petition for a writ of certiorari is filed with the New Mexico Supreme Court to try and convince the Court to review a decision of a lower court. See N.M. R. App. P. 12-502. For what purpose would you file a cert petition in a district court?

It appears that the OP ended up on the wrong end of some order or decision issued by an unidentified New Mexico state agency, board or department.. His means of seeking relief or reversal is initiated by a writ of certiorari to the district court. Rule 1.075 N. M. R. Civ. P. Dist. Ct. Constitutional review by district court of administrative decisions and orders