NM Bar Civil Procedure & Evidence 3

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?

Accepted Answer

21 days

Answer

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:

Accepted Answer

Motive, opportunity, intent, or absence of mistake

Answer

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:

Accepted Answer

Waived and barred in a subsequent action

Answer

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:

Accepted Answer

Have minimum contacts such that jurisdiction does not offend traditional notions of fair play

Answer

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:

Accepted Answer

The content of a writing, recording, or photograph

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Civil Procedure & Evidence 3