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9-412B. Motion to sanction for non-compliance. [For use with Magistrate Court Rule 6-504 and Municipal Court Rule 8-504 NMRA] STATE OF NEW MEXICO [COUNTY OF___________________] __________________________ COURT No. __________ [STATE OF NEW MEXICO] [COUNTY OF __________________] [CITY OF ____________________] v. ________________________________, Defendant MOTION TO SANCTION FOR NON-COMPLIANCE I certify that the [defendant] [prosecution] failed to comply with this court's pretrial scheduling order in a timely manner as follows: ________________________________________________________________________ _______________________________________________________________________. A motion to compel was filed on _____________ (date) with the following results: ________________________________ (describe results). Because of the failure to comply the [defendant] [prosecution] requests the court to: [] order the party to provide discovery as requested [] grant a continuance until ______________________ (date) to allow for the completion of discovery [] prohibit introduction into evidence of the material not disclosed [] enter an order holding ____________________ (attorney or party) in contempt of court [] __________________________ (other). I acknowledge that the filing of this certificate does not diminish my continuing duty to fully comply with the pretrial scheduling order. Date: ____________________________ _____________________________ [Prosecutor] [Defendant] [Effective November 1, 2007.] American LegalNet, Inc. www.FormsWorkFlow.com