Responding to a New Mexico complaint: 30 days, and ten from the court's action

New Mexico gives a defendant 30 days, which is comfortable. The provision to watch is the one that follows a denied motion: ten days, running from the court's action rather than from notice of it.

The deadline

Rule 1-012(A) NMRA:

A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against him shall serve an answer thereto within thirty (30) days after the service upon him. The plaintiff shall serve his reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs. The service of a motion permitted under this rule alters these periods of time as follows, unless a different time is fixed by order of the court: (1) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten (10) days after the court's action; (2) if the court grants a motion for a more definite statement, the responsive pleading shall be served within ten (10) days after the service of the more definite statement.

Thirty days throughout, and the obligation is to serve.

Now read subparagraph (1) again. It says ten days after the court's action — not ten days after notice of the court's action, which is the federal formulation and what most states copied.

The difference is not academic. If a ruling issues on a Monday and reaches you on a Thursday, three of your ten days are gone before you know the motion was decided. On a ten-day clock that is nearly a third of the period.

The practical rule: watch the docket, not the mail. If you have filed a pre-answer motion in New Mexico, check for a ruling rather than waiting to be told about one.

Default

Rule 1-055(A) NMRA:

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

Clerical entry on an affidavit or other showing, with no notice required before it.

Rule 1-055(B) — judgment:

in all cases the party entitled to a judgment by default shall apply to the court for judgment by default; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared in the action. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party's representative) shall be served with written notice of the application for judgment at least three (3) days before the hearing on the application; provided, however, that the filing of an appearance and disclaimer of interest shall not be construed as requiring the service of written notice of application for judgment under the terms of this rule.

Three points.

There is no clerk's default judgment. Unlike federal Rule 55(b)(1), New Mexico sends every default judgment to the court, whether or not the claim is for a sum certain.

Three days' notice if you appeared — shorter than the federal seven, and keyed to the same trigger.

But an appearance with a disclaimer of interest does not earn notice. That proviso is aimed at parties who are joined to clear title or a similar interest and who file only to say they claim nothing. Appearing that way removes you from the fight; it does not put you on the notice list.

So if you want the notice, appear in the ordinary way.

Answering, or moving

Rule 1-012(B) lists the defenses that may be made by motion at the pleader's option — lack of jurisdiction over the subject matter, lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, and the rest of the familiar catalog. Serving one suspends the answer obligation rather than running alongside it.

Two points for the choice.

Ten days is a short landing zone, and it runs from the ruling. If you file a motion, have the answer substantially drafted before the court rules.

Consolidation and waiver work on the familiar model. A defense available when you made your first motion and left out of it is generally foreclosed.

How New Mexico compares

A short checklist

1. Calendar 30 days from service, and note the obligation is to serve your answer.
2. A Rule 1-012 motion suspends the answer deadline. You need not answer and move at once.
3. If your motion is denied, the ten days run from the court's action — not from when you receive notice of it. Watch the docket.
4. Raise your Rule 1-012(B) defenses together. An available defense omitted from the first motion is generally foreclosed.
5. Appear in the ordinary way if you want notice. An appearance coupled with a disclaimer of interest does not require the plaintiff to notify you before applying for judgment.
6. Note that there is no clerk's default judgment. Every one goes to a judge, so there is always a hearing.
7. Move promptly — relief from an entry of default is materially easier than relief from a judgment under Rule 1-060.

Where these rules live

• Rule 1-004 NMRA — Process
• Rule 1-005 NMRA — Service and filing of pleadings and other papers
• Rule 1-006 NMRA — Time
• Rule 1-008 NMRA — General rules of pleading
• Rule 1-012 NMRA — Defenses and objections
• Rule 1-015 NMRA — Amended and supplemental pleadings
• Rule 1-055 NMRA — Default
• Rule 1-060 NMRA — Relief from judgment or order

This page explains what the rules say. It isn't legal advice, and New Mexico's Magistrate and Metropolitan Courts run on their own separate rules that this page does not cover.