New Mexico Rules of Civil Procedure

Rules of civil procedure and service of process requirements for New Mexico.

Last updated October 22, 2026

New Mexico's rules for serving a summons and complaint in district court are in the New Mexico Rules of Civil Procedure for the District Courts, mainly Rule 1-004 NMRA. New Mexico has no statewide license for process servers.

The rule has changed. For cases filed on or after December 31, 2025, a court can authorize service by social media, email or text message when the usual methods fail (Supreme Court Order No. S-1-RCR-2023-00009). This page covers the rule as it stands now.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on NMOneSource or the New Mexico Supreme Court site, or ask an attorney before relying on it.

New Mexico process servers

Quick facts: process serving in New Mexico

  • Who can serve: Anyone over 18 who isn't a party to the case (Rule 1-004(D)(1)). Writs of attachment, replevin and habeas corpus need the sheriff or a person the court designates (Rule 1-004(D)(2)).
  • Licensing: No state license or registration for process servers.
  • Deadline to serve: No fixed number of days. Service must be made with reasonable diligence (Rule 1-004(C)(2)).
  • Substituted service: Only after personal service has been tried. Leave the papers with someone over 15 who lives at the home, then mail a copy (Rule 1-004(F)(2)).
  • Proof of service: A private server files an affidavit. A sheriff files a certificate (Rule 1-004(L)).
  • Time to respond: 30 days after service (Rule 1-004(B)(2)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across New Mexico. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in New Mexico?

No. New Mexico doesn't license or register process servers. Any adult over 18 who isn't a party can serve a summons and complaint under Rule 1-004(D)(1). The sheriff can also serve.

For a step-by-step guide to starting out, see Become a Process Server in New Mexico.

How to serve a summons in New Mexico

New Mexico sets the methods in order. You try personal service first, then move down the list only when the earlier method fails. Whatever method you use must be reasonably calculated to tell the defendant about the case (Rule 1-004(E)(1)).

Personal service: Rule 1-004(F)(1)(a)

Hand the summons and complaint to the defendant. If the person refuses to take them, leaving the papers where the person is found counts as valid service.

Mail or commercial courier: Rule 1-004(E)(3) and (F)(1)(b)

Send the papers addressed to the defendant by mail or a commercial courier service. The defendant, or someone authorized to receive service for them, must sign a receipt. Service is complete on the date the receipt is signed. An electronic signature counts.

Substituted service at the home: Rule 1-004(F)(2)

If personal service fails, deliver the papers to someone over 15 who lives at the defendant's usual home, then mail a copy by first-class mail to the defendant's last known mailing address.

Service at the workplace: Rule 1-004(F)(3)

If personal service and home service both fail, deliver the papers to the person apparently in charge at the defendant's workplace. Then mail copies by first-class mail to the defendant's last known mailing address and to the workplace.

New Mexico doesn't allow "post and mail" service, where papers are taped to the door. The committee commentary to Rule 1-004 says that method was removed.

Email, text and social media service: Rule 1-004(F)(4)

For cases filed on or after December 31, 2025, the court can authorize service by social media direct message, email or text. The party asks for it by motion, with an affidavit. They have to show that:

  • They tried the methods above with diligence, or those methods are impractical
  • The defendant has access to the technology and owns the specific account, number or address
  • The defendant sent messages from that account, number or address within 30 days of the motion

If the court grants the motion, the papers must be sent once a week for three weeks in a row, and a copy must be mailed by first-class mail within 10 days of the first electronic service. Service is complete on the last transmission. The rule spells out what each message must say.

Court-ordered service and publication: Rule 1-004(J) and (K)

If service can't reasonably be made under the rule, the court can order any method reasonably likely to give notice, including publication. Publication needs a court order. It usually runs once a week for three weeks in a row in a newspaper of general circulation in the county where the case is pending. Service is complete on the date of the last publication. See What is service by publication?

Service outside New Mexico: Rule 1-004(M) and (N)

A defendant outside New Mexico can be served using the methods in Rule 1-004. Service in another country follows the Hague Service Convention or other internationally agreed methods where they apply.

Serving businesses and other entities

  • Corporations, LLCs and associations (Rule 1-004(G)(1)): Serve an officer, a managing or general agent, or an agent authorized to receive service. Look up registered agents with the New Mexico Secretary of State.
  • Partnerships (Rule 1-004(G)(1)(b)): Serve any general partner.
  • If no one is available (Rule 1-004(G)(2)): Leave the papers with the person in charge at the principal office or place of business during regular business hours. If the person refuses, tendering the papers counts as service.
  • The State of New Mexico (Rule 1-004(H)(1)): Serve the governor and the attorney general. For a state agency, serve the agency head and the attorney general.
  • Counties, cities and school districts (Rule 1-004(H)(1)): Serve the county clerk; the city, town or village clerk; or the school superintendent.

Serving a subpoena in New Mexico

A subpoena can be served by the sheriff or by a person over 18 who isn't a party. When the subpoena requires the person to attend, one full day's per diem and mileage must be tendered at the time of service, unless the state issued the subpoena. A private server signs a sworn return. See the court's subpoena form and use notes (Form 4-505), used with Rule 1-045 NMRA.

Proof of service

The party who arranged service must promptly file proof of service (Rule 1-004(L)):

  • Private process server: an affidavit of service
  • Sheriff or deputy: a certificate of service
  • Mail or courier: a certificate showing the delivery date, with a copy of the signed receipt
  • Email, text or social media: an affidavit with copies of the messages, the account, address or number used, the dates sent, and the date of the follow-up mailing
  • Publication: an affidavit of publication from the newspaper

Rule 1-011 NMRA also allows an unsworn statement under penalty of perjury in place of a notarized affidavit in many filings. Failing to file proof doesn't make the service itself invalid.

Hire a New Mexico process server

Find process servers across the state in the New Mexico process server directory.

More New Mexico resources

This page is a general overview of New Mexico law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.

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