NeilTheCop
Member
What is the name of your state? New Mexico
I can’t find my original posting to add to it, probably because it’s too old. Hopefully the administrator will rectify that for me
To recap, I was granted a preliminary injunction to stop a farmer hauling open truckloads of cow manure past my house. At the moment I’m just waiting for the jury trial date to be set, but have decided to file a motion for summary judgment to try and finalize the issue.
At the hearing the evidence to support my claim of private nuisance was multiple videos of the trucks and the associated dust that was seen covering my property. All of the videos and satellite photos have been accepted as evidence in the case. The defendant at no time disputed any of my claims of nuisance, but instead relied on his perceived immunity from such legal actions according to the New Mexico Right to Farm Act.
The primary section of the Act I intend to use to negate this defense is:-
“D. No cause of action based upon nuisance may be brought by a person whose claim arose following the purchase, lease, rental, or occupancy of property proximate to a previously established agricultural operation or agricultural facility, except when such previously established agricultural operation or agricultural facility has substantially changed in the nature and scope of its operations.”
The substantial change of operations has been proven at the preliminary injunction (Thank you Google Earth), so I need to prove to the court that I didn’t move to the nuisance but in fact the nuisance moved to me. This proof will be that I purchased my property in 2005 and the nuisance farmer bought the field in 2014. In fact he only registered his business in 2012, but claims he had been using the field for decades, which is untrue.
Now finally to the question. When I file the motion for summary judgment can I simply attach a copy of my deed which shows the purchase date, a copy of the farmers business license, and a copy of the change of ownership from the County Assessors Office as evidence to prove I was there first? The rules of civil procedure are somewhat vague on introducing new evidence when filing a motion.
All the documents meet the requirement of being self authenticating, as they all have both an official seal and signature.
RULE 11-902. EVIDENCE THAT IS SELF AUTHENTICATING
The following items of evidence are self authenticating; they require no extrinsic evidence of authenticity in order to be admitted.
Domestic Public Documents that are Sealed and Signed
A document that bears
(a) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; a Federally Recognized American Indian Tribe or Nation; the former Panama Canal Zone; the Trust Territory of the Pacific
Islands; a political subdivision of any of these entities; or a department, agency, or officer
of any entity named above, and
(b) a signature purporting to be an execution or attestation.
(2)
Domestic Public Documents that are Not Sealed but are Signed and Certified
A document that bears no seal if
(a) it bears the signature of an officer or employee of an entity named in Rule 11-902(1)(a) NMRA, and
(b) another public officer who has a seal and official duties within that same entity certifies under seal--or its equivalent--that the signer has the official capacity and that the signature is genuine.
I can’t find my original posting to add to it, probably because it’s too old. Hopefully the administrator will rectify that for me
To recap, I was granted a preliminary injunction to stop a farmer hauling open truckloads of cow manure past my house. At the moment I’m just waiting for the jury trial date to be set, but have decided to file a motion for summary judgment to try and finalize the issue.
At the hearing the evidence to support my claim of private nuisance was multiple videos of the trucks and the associated dust that was seen covering my property. All of the videos and satellite photos have been accepted as evidence in the case. The defendant at no time disputed any of my claims of nuisance, but instead relied on his perceived immunity from such legal actions according to the New Mexico Right to Farm Act.
The primary section of the Act I intend to use to negate this defense is:-
“D. No cause of action based upon nuisance may be brought by a person whose claim arose following the purchase, lease, rental, or occupancy of property proximate to a previously established agricultural operation or agricultural facility, except when such previously established agricultural operation or agricultural facility has substantially changed in the nature and scope of its operations.”
The substantial change of operations has been proven at the preliminary injunction (Thank you Google Earth), so I need to prove to the court that I didn’t move to the nuisance but in fact the nuisance moved to me. This proof will be that I purchased my property in 2005 and the nuisance farmer bought the field in 2014. In fact he only registered his business in 2012, but claims he had been using the field for decades, which is untrue.
Now finally to the question. When I file the motion for summary judgment can I simply attach a copy of my deed which shows the purchase date, a copy of the farmers business license, and a copy of the change of ownership from the County Assessors Office as evidence to prove I was there first? The rules of civil procedure are somewhat vague on introducing new evidence when filing a motion.
All the documents meet the requirement of being self authenticating, as they all have both an official seal and signature.
RULE 11-902. EVIDENCE THAT IS SELF AUTHENTICATING
The following items of evidence are self authenticating; they require no extrinsic evidence of authenticity in order to be admitted.
Domestic Public Documents that are Sealed and Signed
A document that bears
(a) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; a Federally Recognized American Indian Tribe or Nation; the former Panama Canal Zone; the Trust Territory of the Pacific
Islands; a political subdivision of any of these entities; or a department, agency, or officer
of any entity named above, and
(b) a signature purporting to be an execution or attestation.
(2)
Domestic Public Documents that are Not Sealed but are Signed and Certified
A document that bears no seal if
(a) it bears the signature of an officer or employee of an entity named in Rule 11-902(1)(a) NMRA, and
(b) another public officer who has a seal and official duties within that same entity certifies under seal--or its equivalent--that the signer has the official capacity and that the signature is genuine.
