The New Mexico motion to dismiss: thirty days to answer, ten after a denial
New Mexico procedure · Last verified August 17, 2026
New Mexico gives 30 days to answer and 10 days afterwards — a generous front end and a tight back end.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | thirty (30) days from service |
| After a denied motion, or a deferral to trial | ten (10) days |
| After a granted more-definite-statement motion | ten (10) days |
The seven defenses
N.M. R. Civ. P. 1-012(B):
the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (6) failure to state a
The classic seven, with venue at (3).
Where this connects
New Mexico writes a consumer-debt pleading failure directly into its relief-from-judgment rule. Rule 1-060(B)(6) names a debt collector's failure to comply with the Rule 1-009(J) pleading requirements as a ground for relief — and because it sits in ground (6), it carries no one-year limit. In a consumer or medical debt case, check the pleading before anything else. See setting aside a New Mexico default judgment.
On the discovery side, New Mexico requires the good-faith statement in the motion rather than in a separate certificate — see the New Mexico motion to compel.
For the answer itself, see responding to a New Mexico complaint.
How New Mexico compares
| New Mexico | Arizona | Colorado | Federal | |
|---|---|---|---|---|
| Time to answer | 30 days | 20 days | 21 days | 21 days |
| After a denied motion | 10 days | 10 days | — | 14 days |
| Enumerated grounds | seven | seven | seven | seven |
| Venue inside the rule | yes | yes, but narrowed | yes | yes |
| Consumer debt pleading failure a relief ground | yes | no | no | no |
A short checklist
- Diarise 30 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Plan for 10 days to answer if the motion is denied.
- If the claim is consumer or medical debt, check Rule 1-009(J) compliance — it matters later.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- N.M. R. Civ. P. 1-008 — General rules of pleading
- N.M. R. Civ. P. 1-009 — Pleading special matters
- N.M. R. Civ. P. 1-012 — Defenses and objections
- N.M. R. Civ. P. 1-056 — Summary judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 1-012(B)(6) is developed in case law this site doesn't cover.