The New Mexico motion to compel: the motion itself must state that you tried
New Mexico procedure · Last verified August 17, 2026
New Mexico phrases its conference requirement differently from most states, and the difference is worth noticing.
Elsewhere the motion must be accompanied by a certification. Here the motion itself "shall state" it:
Any motion filed pursuant to this paragraph shall state that counsel has made a good faith effort to resolve the issue with opposing counsel prior to filing a motion to compel discovery.
No separate document is required. The statement goes in the motion — and its absence is visible on the face of the filing.
The requirement
N.M. R. Civ. P. 1-037(A):
Any motion filed pursuant to this paragraph shall state that counsel has made a good faith effort to resolve the issue with opposing counsel prior to filing a motion to compel discovery.
Three points of detail:
| Element | |
|---|---|
| Counsel made the effort | phrased in terms of counsel, not the party |
| A good faith effort to resolve the issue | with opposing counsel |
| Prior to filing | the effort must precede the motion |
Unlike several states, New Mexico's wording does not expressly cover an attempted conference. The safer course is to record what you did and say so specifically, rather than relying on a formula.
What can be compelled
Rule 1-037(A) carries the familiar grounds — a deponent who fails to answer, a corporation that fails to designate, a party that fails to answer an interrogatory, and a party that fails to respond to or permit inspection.
The rule also carries the standard evasive-answer provision: an evasive or incomplete answer is treated as a failure to answer.
Fees, both ways, both mandatory
New Mexico is symmetric: the award is mandatory when the motion is granted and mandatory when it is denied, subject in each case to substantial justification or other circumstances making an award unjust, and reaching the party or attorney advising the conduct as well as the party itself.
Combined with the good-faith-effort requirement, that makes a marginal motion expensive here. Resolve what you can before filing, and say in the motion what you tried.
Once an order is disobeyed
Rule 1-037(B) supplies the sanctions — deemed-established facts, preclusion, striking pleadings, staying proceedings, dismissal, default judgment and contempt. A deponent who fails to be sworn or answer "after being directed to do so by a court with jurisdiction" may be held in contempt of that court.
Note the phrasing — "a court with jurisdiction" — rather than a named forum.
Where this connects
New Mexico's consumer-debt pleading rules matter across the case, and a failure to comply with them is expressly a ground for relief from judgment under Rule 1-060(B)(6). If your case is a consumer or medical debt claim, check the pleading against Rule 1-009(J) before litigating discovery — see setting aside a New Mexico default judgment.
For the case timetable, see responding to a New Mexico complaint.
How New Mexico compares
| New Mexico | Arizona | Colorado | Federal | |
|---|---|---|---|---|
| Conference requirement | stated in the motion | separate attached certificate | — | separate certification |
| Certificate must be by phone or in person | no | yes | — | no |
| Fees when granted | shall | may | — | must |
| Fees when denied | shall | may | — | must |
| Award reaches the advising attorney | yes | yes | — | yes |
| Evasive answer treated as no answer | yes | may | — | must |
| Contempt forum | a court with jurisdiction | — | — | where the deposition is taken |
A short checklist
- Put the good-faith statement in the motion. New Mexico requires it there, not in a separate document.
- Say what you actually did, since the rule speaks of an effort made rather than merely attempted.
- Quote the evasive-answer provision where the response was thin rather than absent.
- Expect a mandatory award either way — file only what you can defend as substantially justified.
- Name the advising attorney where the facts support it.
- If the case is a consumer or medical debt claim, check Rule 1-009(J) compliance as well.
Where these rules live
- N.M. R. Civ. P. 1-026 — General provisions governing discovery
- N.M. R. Civ. P. 1-033 — Interrogatories to parties
- N.M. R. Civ. P. 1-034 — Production of documents and things
- N.M. R. Civ. P. 1-037 — Failure to make discovery; sanctions
This page explains what the rules say. It isn't legal advice, and what amounts to a good faith effort or substantial justification is developed in case law this site doesn't cover.