Legal Question in Family Law in New Mexico

Re: Motion for extension to file or postpone answering discovery

You do not say whether the opposing side has an attorney. If they do have an attorney you can normally call the attorney and ask for an extention of time for 3 weeks or a month. Most attorneys will agree to an extention. If the person on the other side is not an attorney but your spouse then you probably just need to file the motion. If the attorney will not agree to the extention then you will just need to file the motion. If you are to file the motion all you do is copy the caption of the case and in the title area put "Motion for Extention of Time" (make sure you spell it correctly). Then, put down what you want - an extension of time; put down why you want it - put your reasons in paragraph form (with essentially 1 sentence equalling 1 paragraph. It's a weird way to write but whoever said lawyer's aren't weird?) and then end it with the last paragraph stating that you contacted the opposing side prior to filing but you could not reach an agreement. (That's why you are filing the motion). Last, (and next paragraph but without a number by it) you put in your prayer for relief, WHEREFORE, so and so prays that this court will grant the motion so recited above and give an extension of time to so and so. Then you sign your name, party status, (i.e., petitioner or respondent, Pro Se) address and telephone number. Take the original and 3 copies to the clerk and file the motion. Mail a copy of the filed motion to the opposing side or their lawyer that same day. You also make a document called a REquest for Hearing. Depending on your jurisdiction you may have to make the Notice of Hearing at the same time. (Ask that free law clerk you previously spoke to or ask the judge's secretary).

Although this stuff is nerve racking you can get through it by using common sense and maintaining a level head about you. Don't be afraid to tell the judge you don't know what you are doing but you are doing your best. The judges give lots of leniency to people who are acting as their own lawyer. Be nice, be civil and be business like and you will, for the most part, be treated similarly or better.

Good luck.