4A-209. Motion to enforce order.
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT
_______________________________,
Petitioner,
v. No. __________
_______________________________,
Respondent.
MOTION TO ENFORCE ORDER
[ ] Petitioner (or) [ ] Respondent states:
1. I am filing this motion regarding the following order(s) issued by the court:
(check the order(s) that you are seeking to have enforced and complete the additional information required)
Name of Order: Section/Paragraph/Page # Date of order
that you believe is not
being followed
_____Temporary Domestic Order _________________ _________
_____ Interim Order _________________ _________
_____ Custody Plan and Order _________________ _________
_____ Child Support Obligation _________________ _________
and Order
_____ Final Decree (adopting _________________ _________
Marital Settlement Agreement)
_____ Default Final Decree _________________ _________
_____ Domestic Violence Order _________________ _________
of Protection
_____ Other: _______________ _________________ _________
_______________
2. The other party is not following the referenced sections/paragraphs of the order(s) in the following way(s): (You should be very specific when completing the motion; tell the court what the court order says and what the other person is doing or not doing that is violating the order. State only serious violations and be as complete as possible.)
A. __________________________________________
(Name of first order checked in Paragraph 1 above)
i. What the section/paragraph of the order says:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
ii. What the other party is doing or not doing that is violating the order:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
B. __________________________________________
(Name of next order checked in Paragraph 1 above)
i. What the section/paragraph of the order says:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
ii. What the other party is doing or not doing that is violating the order:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
(Use additional pages if necessary. Use the same format as above to tell the court what order you are talking about, what the order says, and what the other party is doing or not doing that is violating the order.)
3. I have tried to talk to _____________________________ (name of the other party or the other party’s attorney if represented). This is what happened: (You MUST check one of these boxes.)
[ ] The other party AGREES with my motion.
[ ] The other party DOES NOT AGREE with my motion.
[ ] The other party WILL NOT TALK TO ME about my motion.
[ ] I CANNOT TALK TO THE OTHER PARTY because there is a protective order between us and the other party does not have a lawyer.
[ ] I HAVE NOT TALKED TO THE OTHER PARTY because:
______________________________________________________________
______________________________________________________________
______________________________________________________________
4. [ ] Petitioner (or) [ ] Respondent asks the Court to:
A. ______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
B. Order the other relief deemed necessary.
5. [ ] YES, I understand that I must bring a copy of the order(s) listed in Paragraph 2 to the hearing.1
____________________________
Signature of Petitioner/Respondent
pro se
____________________________
Name (print)
____________________________
Mailing address (print)
____________________________
City, state, and zip code (print)
____________________________
Telephone number
YOU MUST FILL OUT THE INFORMATION BELOW AND YOU MUST
SERVE THE OTHER PARTY AS YOU TELL THE COURT BELOW
VERIFICATION
I, _______________________, affirm under penalty of perjury under the laws of the State of New Mexico that I am the [ ] Petitioner (or) [ ] Respondent in the above-entitled cause, and I know and understand that the contents of this Motion are true to the best of my knowledge and belief.
________________________________
Signature of party Date
VERIFICATION OF SERVICE
I affirm under penalty of perjury under the laws of the State of New Mexico that on _____________ (date), I (check the applicable item below and fill in all information)
[ ] mailed a copy of this motion by United States mail, postage prepaid, to:
Name: __________________________________________________________
Mailing address: ___________________________________________________
City, state, and zip code: ____________________________________________;
[ ] delivered a copy of this motion to ________________________ (the other party or the other party’s attorney); or
[ ] faxed a copy of this motion to _____________________ (the other party or the other party’s attorney) using the following fax number: ___________________. The transmission was reported as complete and without error. The time and date of the transmission was _______ (a.m) (p.m) on _______________ (date).
_______________________________
Signature of party
_______________________________
Date of signature
USE NOTES
1. If you do not have a copy of the order(s) listed in Paragraph 2, you may request one from the clerk’s office. Standard copying fees may apply.
[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or after December 31, 2014, in all cases filed or pending on or after December 31, 2014; as amended by Supreme Court Order 17-8300-017, effective for all pleadings and papers filed on or after December 31, 2017.]