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New Mexico Rules of Civil Procedure

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New Mexico Process Serving Requirements

In civil actions any process may be served by the sheriff of the county where the defendant may be found, or by any other person who is over the age of eighteen (18) years and not a party to the action, except for writs of attachment, writs of replevin, and writs of habeas corpus, which shall be served by any person not a party to the action over the age of eighteen (18) years who may be especially designated by the court to perform such service, or by the sheriff of the county where the property or person may be found.

New-Mexico Rules of Civil Procedure

Please note that lobbyists are active in the state of New-Mexico and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the New Mexico Courts web site.

1-004. Process.

1-045. Subpoena.

1-004. Process.

Summons; issuance.

Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. Upon the request of the plaintiff separate or additional summons shall issue against any defendants. Any defendant may waive the issuance or service of summons.

Summons; execution; form.

The summons shall be signed by the clerk, issued under the seal of the court, be directed to the defendant, and must contain: SUMMONS (name of court) (caption of case) THE STATE OF NEW MEXICO TO: _, defendant. GREETINGS: You are hereby directed to serve a pleading or motion in response to the complaint within thirty (30) days after service of this summons, and file the same, all as provided by law.
WITNESS, the Honorable , district judge of the _ judicial district court of the State of New Mexico, and the seal of the district court of

Summons; service of copy.

A copy of the summons with copy of complaint attached shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary.

Summons; by whom served.

In civil actions any process may be served by the sheriff of the county where the defendant may be found, or by any other person who is over the age of eighteen (18) years and not a party to the action, except for writs of attachment, writs of replevin, and writs of habeas corpus, which shall be served by any person not a party to the action over the age of eighteen (18) years who may be especially designated by the court to perform such service, or by the sheriff of the county where the property or person may be found.

Summons; service by mail.

A summons and complaint may be served upon a defendant of any class referred to in Subparagraph (1) or (2) of Paragraph F of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two (2) copies of a notice and acknowledgement conforming with the form set out below and a return envelope, postage prepaid, addressed to the sender. If no acknowledgement of service under this subdivision of this rule is received by the sender within twenty (20) days after the date of mailing, service of such summons and complaint shall be made by a person authorized by Paragraph D of this rule, in the manner prescribed by Subparagraph (1) or (2) of Paragraph F of this rule. Unless good cause is shown for not doing so, the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within twenty (20) days after mailing the notice and acknowledgement of receipt of summons. The form of the notice and acknowledgement of receipt of summons and complaint shall be substantially as follows:

NOTICE AND RECEIPT OF SUMMONS AND COMPLAINT (name of court) (caption of case) NOTICE

(insert the name and address of the person to be served) The enclosed summons and complaint are served pursuant to Paragraph E of Rule 1-004 of the New Mexico Rules of Civil Procedure. You must sign and date the receipt. If you are served on behalf of a corporation, unincorporated association (including a partnership) or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your position or title. If you do not complete and return the form to the sender within twenty (20) days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within thirty (30) days of the date upon which this notice was mailed, which appears below. If you fail to do so, judgment by default may be taken against you for the relief demanded in the complaint. I declare, under penalty of perjury, that this Notice and Receipt of Summons and Complaint was mailed on (insert date).
Signature
Date of Signature RECEIPT OF SUMMONS AND COMPLAINT I received a copy of the summons and complaint in the above-captioned matter at (insert address).


Signature
Relationship to entity/authority to receive service of process
Date of Signature

Summons; how served.

Service shall be made as follows:

Return.

The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. When service is made by the sheriff (or a deputy) of the county in New Mexico, proof thereof shall be by certificate; and when made by a person other than a sheriff (or a deputy) of a New Mexico county, proof thereof shall be made by affidavit. If service is made under Paragraph E of this rule, return shall be made by the sender’s filing with the court the acknowledgement received pursuant to such paragraph. Where service within the state includes mailing, the return shall state the date and place of mailing. Failure to make proof of service shall not affect the validity of service.

Service by publication.

In actions where the relief sought does not require personal service and the party to be served is so situated that process cannot be personally served upon the party within the state, or in situations where the party to be served is a New Mexico resident who, by deliberate concealment to avoid service of process, has effectively prevented service on the party in the manner provided in Paragraph F of this rule, service by publication shall be as follows:

Affidavit of residence; copy of process to be mailed.

When the residence of the defendant in the cases mentioned in Paragraph H of this rule is known to the affiant, it shall be stated in the affidavit, and if the residence is not known, that fact shall be stated. When the residence of any defendant is known, the plaintiff, the plaintiff’s agent or attorney, shall, not less than thirty-five (35) days before rendition of final judgment or decree in the cause, deposit a copy of the summons and complaint in the post office, postage prepaid, directed to the defendant at the defendant’s place of residence as stated in the affidavit or pleading. Proof of mailing shall be made by affidavit of the person mailing such copies, filed in the cause.

Service of summons outside of state equivalent to publication.

Personal service of a copy of the summons and of the complaint out of the state shall be equivalent to service by publication and mailing as provided for by Paragraphs H and I of this rule. The defendant so served shall be required to respond as required by law on or before thirty (30) days from the date of service. Return of such service shall be made by affidavit of the person making same.

Alias process.

When any process has not been returned, or has been returned without service, or has been improperly served, it shall be the duty of the clerk, upon the application of any party to the suit, to issue other process as the party applying may direct.

Service in manner approved by court.

Upon motion, without notice, and showing by affidavit that service cannot reasonably be made as otherwise provided by this rule, the court may order service by any method or combination of methods, including publication, that is reasonably calculated under all the circumstances to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.

Service; applicable statute.

Where no provision is made in these rules for service of process, process shall be served as provided for by any applicable statute.

Definitions.

Wherever the terms “summons”, “process”, “service of process” or similar terms are used, such shall include the summons, complaint and any other papers required to be served. [As amended, effective January 1, 1987; October 1, 1998.]


1-045. Subpoena.

Form; issuance.

Service; place of examination.

Protection of persons subject to subpoenas.

Duties in responding to subpoena.

Contempt.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a non-party to attend or produce at a place not within the limits provided in Subparagraph (3) (a) (ii) of Paragraph C of this rule. [As amended, effective January 1, 1987; August 1, 1989; January 1, 1998.]

You should contact an New-Mexico Process Server if you have specific questions about Process Serving in New-Mexico.