NM Bar Civil Procedure & Evidence 2 — Questions and Answers
Question 1: Under NMRA 1-012(B), a defendant may join in a single motion all defenses except which one?
- Lack of personal jurisdiction
- Failure to state a claim
- Insufficient service of process
- Compulsory counterclaim (Correct answer)
Correct answer: Compulsory counterclaim
A compulsory counterclaim is a pleading requirement under NMRA 1-013, not a defense that may be raised by pre-answer motion under Rule 1-012(B).
Question 2: In New Mexico, which standard governs the admissibility of expert scientific testimony?
- Frye general acceptance test
- Daubert reliability gatekeeping (Correct answer)
- New Mexico's own relevancy-plus standard
- Res ipsa loquitur presumption
Correct answer: Daubert reliability gatekeeping
New Mexico adopted the Daubert standard under NMRA 11-702, requiring the trial judge to act as gatekeeper and assess reliability and relevance of expert testimony.
Question 3: Under NMRA 1-026(B), which doctrine protects attorney mental impressions and legal theories from discovery?
- Attorney-client privilege
- Work product doctrine (Correct answer)
- Common interest privilege
- Self-critical analysis privilege
Correct answer: Work product doctrine
The work product doctrine under NMRA 1-026(B) shields documents and tangible things prepared in anticipation of litigation, especially core opinion work product reflecting attorney mental impressions.
Question 4: A plaintiff files suit in New Mexico state court. The defendant removes to federal court. How many days does the defendant have to remove after receiving the initial pleading?
- 20 days
- 30 days (Correct answer)
- 60 days
- 90 days
Correct answer: 30 days
Under 28 U.S.C. § 1446(b), a defendant must file a notice of removal within 30 days of receiving the initial pleading or service of summons.
Question 5: Under the New Mexico Rules of Evidence, a prior inconsistent statement made under oath at a prior proceeding is admissible as:
- Hearsay requiring an exception
- Non-hearsay substantive evidence (Correct answer)
- Impeachment evidence only
- Inadmissible character evidence
Correct answer: Non-hearsay substantive evidence
Under NMRA 11-801(D)(1)(a), a prior inconsistent statement made under oath at a trial, hearing, or deposition is excluded from the definition of hearsay and is admissible as substantive evidence.
Question 6: Under NMRA 1-056, summary judgment shall be granted when there is:
- A preponderance of evidence favoring the moving party
- No genuine issue of material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The opposing party fails to appear at oral argument
- The moving party demonstrates probable success at trial
Correct answer: No genuine issue of material fact and the movant is entitled to judgment as a matter of law
Summary judgment is appropriate only when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law under NMRA 1-056.
Question 7: Which hearsay exception under NMRA 11-803 applies to a statement made for purposes of medical diagnosis or treatment?
- Present sense impression
- Excited utterance
- Statements for medical diagnosis or treatment (Correct answer)
- Recorded recollection
Correct answer: Statements for medical diagnosis or treatment
NMRA 11-803(4) provides a hearsay exception for statements made for purposes of medical diagnosis or treatment, including statements describing medical history or symptoms.
NM Bar Civil Procedure & Evidence 2
Under NMRA 1-012(B), a defendant may join in a single motion all defenses except which one?