NM Bar Civil Procedure & Evidence 3 — Questions and Answers
Question 1: Under NMRA 1-015, a party may amend its pleading once as a matter of course within how many days after service of a responsive pleading?
- 10 days
- 14 days
- 21 days (Correct answer)
- 30 days
Correct answer: 21 days
NMRA 1-015(A) allows a party to amend its pleading once as a matter of course within 21 days after service of a responsive pleading or certain motions.
Question 2: Under NMRA 11-404(B), evidence of prior bad acts may be admissible to prove:
- Conforming character
- Propensity to commit the act charged
- Motive, opportunity, intent, or absence of mistake (Correct answer)
- The defendant's general moral character
Correct answer: Motive, opportunity, intent, or absence of mistake
NMRA 11-404(B) prohibits prior bad act evidence to prove propensity but allows it to prove motive, opportunity, intent, knowledge, identity, or absence of mistake or accident.
Question 3: In New Mexico, a compulsory counterclaim that is not asserted is:
- Waived and barred in a subsequent action (Correct answer)
- Permissible to bring in a later lawsuit
- Subject to a two-year limitations period only
- Dismissed without prejudice automatically
Correct answer: Waived and barred in a subsequent action
Under NMRA 1-013(A), a compulsory counterclaim arising from the same transaction or occurrence must be asserted or it is waived and barred from being brought in a later action.
Question 4: Under New Mexico's long-arm statute, personal jurisdiction over a non-resident requires that the defendant:
- Be physically present in New Mexico at service
- Have minimum contacts such that jurisdiction does not offend traditional notions of fair play (Correct answer)
- Own real property in New Mexico
- Have annual revenue exceeding $1 million from New Mexico transactions
Correct answer: Have minimum contacts such that jurisdiction does not offend traditional notions of fair play
New Mexico's long-arm statute, NMSA § 38-1-16, extends jurisdiction to the limits of due process, requiring minimum contacts so that jurisdiction comports with fair play and substantial justice.
Question 5: The best evidence rule under NMRA 11-1002 requires production of the original to prove:
- The credibility of a witness
- The content of a writing, recording, or photograph (Correct answer)
- The chain of custody of physical evidence
- A fact not otherwise in dispute
Correct answer: The content of a writing, recording, or photograph
NMRA 11-1002 requires the original of a writing, recording, or photograph to prove its content, unless an exception under Rules 11-1003 through 11-1007 applies.
Question 6: Under NMRA 1-041(E), a plaintiff's action may be dismissed without prejudice for failure to prosecute if no action has been taken for:
- 6 months
- 1 year (Correct answer)
- 2 years
- 3 years
Correct answer: 1 year
NMRA 1-041(E) provides that a court may dismiss an action without prejudice if the plaintiff fails to take any action for one year, unless good cause is shown.
Question 7: Under NMRA 11-407, evidence of subsequent remedial measures is inadmissible to prove:
- Ownership or control
- Negligence or culpable conduct (Correct answer)
- Feasibility of precautionary measures if controverted
- Impeachment of a witness's denial of control
Correct answer: Negligence or culpable conduct
NMRA 11-407 bars evidence of subsequent remedial measures to prove negligence or culpable conduct, though it may be admitted for other purposes such as ownership, control, or feasibility.
NM Bar Civil Procedure & Evidence 3
Under NMRA 1-015, a party may amend its pleading once as a matter of course within how many days after service of a responsive pleading?