Q: How do I write a summary judgment based on the fact that negligence was never assigned to any party ?
A: A New Mexico attorney could advise best, but your question remains open for a week. If you go online, you may be able to find various motions posted online in PDF format, including summary judgment motions. However, you describe a setting where negligence was never assigned to a party. That could mean that negligence is yet to be determined and needs to be adjudicated in a trial. When you file a summary judgment motion, you essentially tell the court there are no material facts to be tried. In other words, the matter is more or less self-evident on its face, in your case, the determination of negligence. You could check with a New Mexico attorney if that is the best action, based on the facts at hand. Good luck
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