New Mexico procedural guides

Plain-English guides to the New Mexico Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a New Mexico complaint: 30 days, and ten from the court's actionNew Mexico Rule 1-012 NMRA gives 30 days after service of the summons and complaint to serve an answer, and ten days after the court's action on a pre-answer motion — counted from the ruling, not from notice.
• Setting aside a New Mexico default judgment: a consumer debt pleading failure is written into the ruleNew Mexico Rule 1-060(B)(6) names a debt collector's failure to comply with the consumer debt pleading rules as a ground for relief from judgment.
• The New Mexico motion to compel: the motion itself must state that you triedNew Mexico Rule 1-037 requires the motion to state that counsel made a good faith effort to resolve the issue before filing, and shifts fees both ways.
• The New Mexico motion to dismiss: thirty days to answer, ten after a denialNew Mexico Rule 1-012(B) carries the familiar seven defenses, gives 30 days to answer, and 10 days after a motion is denied.
• New Mexico execution: there is no automatic stay, and collection can begin the day judgment is enteredNew Mexico Rule 1-062 gives a judgment debtor no automatic stay — execution may issue on entry — and a supersedeas stay starts only when the district court approves the bond.
• New Mexico summary judgment: fifteen days each way, and no fixed deadline to moveNew Mexico Rule 1-056 gives 15 days to oppose and 15 to reply, sets no numeric filing deadline — only "a reasonable time prior to the date of trial" — and deems the movant's facts admitted unless specifically controverted.
• New Mexico subpoenas: the recipient is forbidden to answer earlyNew Mexico bars a subpoena recipient from responding for fourteen days after service, so that the parties and anyone with an interest in the material have time to object before anything is produced.

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