Time - plaintiff actions on a open civil case

[NMheadache]

Hi, my question is a general question. I am being sued in New Mexico, in a district court. Question, if a plaintiff and his/her attorney file the case, yet don't proceed .. how long before their time runs out.

I can't see the case just being open forever ... hanging in the balance. The case was Bulls*it anyways, and the plaintiffs are cons. I believe they (plaintiffs) know they can't proceed, and I had originally filed a countersuit with my response. The countersuit was filed as leverage against them. I know I have my options, such as motion to dismiss. But again, how much time do they have before ..?

thx,

NMheadace:D

[AMYCHASE]

take a hypothetical civil case where one element of the claim is that it was raining on a given night. The plaintiff introduces evidence that the ground was wet the next morning. This creates a presumption that it rained the night before. The defendant must then rebut this presumption with other evidence: maybe eyewitnesses who say it wasn't raining, maybe evidence that a truck dumped water on the ground overnight. If a preponderance of the evidence disproves the presumption, the bubble bursts, the presumption is lifted, and the factfinder cannot presume that it was raining that night. If the evidence is insufficient, the factfinder can make the presumption. This approach is unique to civil cases. Presumptions are not found in criminal cases because of the due process guarantees of the Constitution. The prosecution must always prove each element of the crime beyond a reasonable doubt.