NM Bar Civil Procedure & Evidence 2

Question 1

Under NMRA 1-012(B), a defendant may join in a single motion all defenses except which one?

Accepted Answer

Compulsory counterclaim

Answer

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?

Accepted Answer

Daubert reliability gatekeeping

Answer

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?

Accepted Answer

Work product doctrine

Answer

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?

Accepted Answer

30 days

Answer

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:

Accepted Answer

Non-hearsay substantive evidence

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Civil Procedure & Evidence 2