Summary Judgement evidence

[NeilTheCop]

What is the name of your state? New Mexico.

It's been a while I know, and I hope you are all well.

To give a brief recap, it's a civil case for a private nuisance. Simple enough but the Defendant is a farmer and he's using the right to farm act as a defense, he's never denied the actual nuisance claim which is supported by video evidence and on this video evidence I was granted a preliminary injunction.

I sent a request for interrogatories and some of the answers are blatantly false.

One critical piece of information regards a water well that had collapsed (It's complicated) and I asked for the well number that's on record with the State Engineer. The number he gave me was for a well about 20 miles away and not in the farmers name or his company name. Actually there are 2 separate wells and he gave the wrong number to both.

Now I'm writing a motion to compel him to answer, and to prove the false answer I want to include a copy of the State Engineers report showing the actual location(s).

This report is not in the case record, so can I include it in the motion and if so will it become part of the record.

And it's not just the well, there's lots of other little lies easily disproved by self-authenticating documents.

And before you suggest it, no, I don't need to see an attorney.

 

[adjusterjack]

Why would you need to compel him to answer when you have the documents with the correct locations of the wells?

I would think, by now, you should be at the trial phase where he gets on the stand, tells lies, and you refute them with documentary evidence.

Is this the manure thing, the trucking thing, or some other issue you have with your neighbors?

And what does a collapsed well have to do with any of them?

 

[Taxing Matters]

Now I'm writing a motion to compel him to answer, and to prove the false answer I want to include a copy of the State Engineers report showing the actual location(s).

At least in my state, the court would deny the motion to compel. He answered the interrogatory, so there is nothing to compel. You want to compel him to change his answer, and that's not something you can do. You challenge that at the trial.

And before you suggest it, no, I don't need to see an attorney.

I think you probably do. But that's your choice.

 

[Litigator22]

What is the name of your state? New Mexico.

It's been a while I know, and I hope you are all well.

To give a brief recap, it's a civil case for a private nuisance. Simple enough but the Defendant is a farmer and he's using the right to farm act as a defense, he's never denied the actual nuisance claim which is supported by video evidence and on this video evidence I was granted a preliminary injunction.

I sent a request for interrogatories and some of the answers are blatantly false.

One critical piece of information regards a water well that had collapsed (It's complicated) and I asked for the well number that's on record with the State Engineer. The number he gave me was for a well about 20 miles away and not in the farmers name or his company name. Actually there are 2 separate wells and he gave the wrong number to both.

Now I'm writing a motion to compel him to answer, and to prove the false answer I want to include a copy of the State Engineers report showing the actual location(s).

This report is not in the case record, so can I include it in the motion and if so will it become part of the record.

And it's not just the well, there's lots of other little lies easily disproved by self-authenticating documents.

And before you suggest it, no, I don't need to see an attorney.

Pardon me for saying so, but this fixation of seeking to compel your adversary to admit lack of personal knowledge concerning registration detail pertaining to any well located on the subject property, and/or his supposed prior misrepresentation of any such detail (as you report) bellies your assertion of self-confidence!

I shan't call you a "fool", but the Great One would have.

 

[NeilTheCop]

OK, maybe I asked the wrong question or made it too complicated.
If you have a self authentication document (NM Rule 11-902 and Rule 11-803) you wish to use with a motion for summary judgement, but the document is not on the court record e.g. a State Engineers report with a State seal, how's it done?

 

[doucar]

You attach it to the motion and refer to it in the motion.

 

[quincy]

After four+ years, Neil, I expected a different type of update. You sadly do not seem to have made much progress against your neighbor.

For those who have not followed your stories of the nuisance neighbor who dumps manure near your property and the noisy trucks that rumble by, below are links to some of the history.

August 2018: https://forum.freeadvice.com/threads/tolling-the-statute-of-limitations.649065/
November 2018:
https://forum.freeadvice.com/threads/threads/offshoot-of-my-nuisance-claim.651275/
December 2019:
https://forum.freeadvice.com/threads/adding-additional-evidence.657988/
May 2020:
https://forum.freeadvice.com/threads/ignoring-an-injunction.659250/
September 2021:
https://forum.freeadvice.com/threads/late-request-for-hearing.661640/