New Mexico Rules of Civil Procedure for the District Courts
Cited as N.M. R. Civ. P. Dist. Ct. · commonly Rule 1-0XX NMRA · 175 rules
These rules govern civil procedure in New Mexico’s district courts. Browse the full set below, organized by article. Plain-English summaries, FAQs, and full rule text are being added rule by rule.
Source: New Mexico Compilation Commission (NMOneSource) ·
Promulgated by the Supreme Court of New Mexico ·
Compiled from the 2026 rule set ·
Official source
Article I. Scope of Rules; One Form of Action
Article II. Commencement of Action; Service of Process, Pleadings, Motions and Orders
- Rule 1-003 Commencement of action
- Rule 1-003.1 Commencement of action; domestic relations information sheet
- Rule 1-003.2 Commencement of action; guardianship and conservatorship information sheet
- Rule 1-003.3 Commencement of residential foreclosure action; certification of pre-filing notice required; definition
- Rule 1-004 Process
- Rule 1-004.1 Guardianship and conservatorship proceedings; process
- Rule 1-005 Service and filing of pleadings and other papers
- Rule 1-005.1 Service and filing of pleadings and other papers by facsimile
- Rule 1-005.2 Electronic service and filing of pleadings and other papers
- Rule 1-006 Time
Article III. Pleadings and Motions
- Rule 1-007 Pleadings allowed; form of motions
- Rule 1-007.1 Motions; how presented
- Rule 1-007.2 Time limit for filing motion to compel arbitration
- Rule 1-008 General rules of pleading
- Rule 1-008.1 Pleadings and papers; captions
- Rule 1-009 Pleading special matters
- Rule 1-010 Form of pleadings
- Rule 1-011 Signing of pleadings, motions, and other papers; sanctions; unsworn affirmations under penalty of perjury
- Rule 1-012 Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings
- Rule 1-013 Counterclaim and cross-claim
- Rule 1-014 Third-party practice
- Rule 1-015 Amended and supplemental pleadings
- Rule 1-016 Pretrial conferences; scheduling; management
Article IV. Parties
- Rule 1-017 Parties plaintiff and defendant; capacity
- Rule 1-018 Joinder of claims and remedies
- Rule 1-019 Joinder of persons needed for just adjudication
- Rule 1-020 Permissive joinder of parties
- Rule 1-021 Misjoinder and nonjoinder of parties
- Rule 1-022 Interpleader
- Rule 1-023 Class actions
- Rule 1-023.1 Derivative actions by shareholders
- Rule 1-024 Intervention
- Rule 1-025 Substitution of parties
Article V. Depositions and Discovery
- Rule 1-026 General provisions governing discovery
- Rule 1-027 Depositions before action or pending appeal
- Rule 1-028 Persons before whom depositions may be taken
- Rule 1-029 Stipulations regarding discovery procedure
- Rule 1-030 Depositions upon oral examination
- Rule 1-030.1 Audiotaped and videotaped depositions
- Rule 1-031 Depositions on written questions
- Rule 1-032 Use of depositions in court proceedings
- Rule 1-033 Interrogatories to parties
- Rule 1-034 Production of documents and things and entry on land for inspection and other purposes
- Rule 1-035 Physical and mental examination of persons
- Rule 1-036 Requests for admissions
- Rule 1-037 Failure to make discovery; sanctions
Article VI. Trials
- Rule 1-038 Jury trial in civil actions
- Rule 1-039 Trial by jury or by the court
- Rule 1-040 Assignment of cases for trial and order of trial
- Rule 1-041 Dismissal of actions
- Rule 1-042 Consolidation; separate trials
- Rule 1-043 Evidence
- Rule 1-044 Judicial notice and determination of foreign law
- Rule 1-045 Subpoena
- Rule 1-045.1 Interstate subpoenas
- Rule 1-046 Preserving questions for review
- Rule 1-047 Jurors
- Rule 1-048 Juries of fewer than twelve; stipulation
- Rule 1-049 Special verdicts and interrogatories
- Rule 1-050 Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings
- Rule 1-051 Instructions to juries
- Rule 1-052 Nonjury trials; findings and conclusions
- Rule 1-053 Masters
- Rule 1-053.1 Domestic violence special commissioners; duties
- Rule 1-053.2 Domestic relations hearing officers; duties
- Rule 1-053.3 Guardians ad litem; domestic relations appointments
Article VII. Judgment
- Rule 1-054 Judgments; costs
- Rule 1-054.1 Judgments and orders; time limit
- Rule 1-054.2 Judgments in residential foreclosure actions; certification concerning the absence of loss mitigation negotiations required; definition
- Rule 1-055 Default
- Rule 1-056 Summary judgment
- Rule 1-057 Declaratory judgments
- Rule 1-058 Orders and judgments; preparation and entry
- Rule 1-059 New trials; motions directed against the judgment
- Rule 1-060 Relief from judgment or order
- Rule 1-061 Harmless error
- Rule 1-062 Stay of proceeding to enforce a judgment
- Rule 1-063 Inability of a judge to proceed
Article VIII. Provisional and Final Remedies and Special Proceedings
- Rule 1-064 Seizure of person or property
- Rule 1-065 Writs issued by district courts
- Rule 1-065.1 Writs of execution
- Rule 1-065.2 Garnishment
- Rule 1-066 Injunctions and receivers
- Rule 1-067 Deposit in court
- Rule 1-068 Offer of settlement
- Rule 1-069 Judgment; supplementary proceedings
- Rule 1-070 Judgment for specific acts; vesting title
- Rule 1-071 Process in behalf of and against persons not parties
- Rule 1-071.1 Statutory stream system adjudication suits; service and joinder of water rights claimants; responses
- Rule 1-071.2 Statutory stream system adjudication suits; stream system issue and expedited inter se proceedings
- Rule 1-071.3 Statutory stream system adjudication suits; annual joint working session
- Rule 1-071.4 Statutory stream system adjudication suits; ex parte contacts; general problems of administration
- Rule 1-071.5 Statutory stream system adjudication suits; excusal or recusal of a water judge
- Rule 1-072 Appeal from magistrate and metropolitan courts in trial de novo cases
- Rule 1-073 Withdrawn Withdrawn
- Rule 1-074 Administrative appeals; statutory review by district court of administrative decisions or orders
- Rule 1-075 Constitutional review by district court of administrative decisions and orders
- Rule 1-076 Appeals from Human Rights Commission
- Rule 1-077 Appeals pursuant to Unemployment Compensation Law
- Rule 1-077.1 Expungement
- Rule 1-077.2 Water court structure and procedure
Article IX. District Courts
Article X. General Provisions
- Rule 1-081 Remand to district court from federal court
- Rule 1-082 Jurisdiction and venue unaffected
- Rule 1-083 Withdrawn Withdrawn
- Rule 1-084 Bankruptcy proceedings; stay
- Rule 1-085 Judgments or orders on mandate
- Rule 1-086 Repealing and saving clause
- Rule 1-087 Contest of nomination or election
- Rule 1-088 Designation of judge
- Rule 1-088.1 Peremptory excusal of a district judge; recusal; procedure for exercising
- Rule 1-089 Entry of appearance; withdrawal or substitution of attorneys
- Rule 1-089.1 Nonadmitted and nonresident counsel
- Rule 1-090 Conduct of court proceedings
- Rule 1-091 Adopting procedural statutes
- Rule 1-092 Nonstenographic recording
- Rule 1-093 Punitive contempt
- Rule 1-094 Clinical education; university of New Mexico school of law
- Rule 1-094.1 Clinical education; out-of-state law school approved programs
- Rule 1-095 Informal probate proceedings in probate court
- Rule 1-096 Challenge of nominating petition
- Rule 1-096.1 Review of election recall petitions
Article XI. Miscellaneous
- Rule 1-097 Eminent domain; notice of presentation of petition; service
- Rule 1-098 Withdrawn Withdrawn
- Rule 1-099 District court civil filing fees
- Rule 1-100 Form of papers
- Rule 1-101 Reserved Reserved
- Rule 1-102 Deposit of litigant funds
- Rule 1-103 Court interpreters
- Rule 1-104 Courtroom closure
- Rule 1-105 Notice to statutory beneficiaries in wrongful death cases
- Rule 1-106 Enforcement of mediated settlement agreement
Article XII. Domestic Relations Rules
- Rule 1-120 Domestic relations actions; scope; mandatory use of court- approved forms by self-represented litigants
- Rule 1-121 Temporary domestic orders
- Rule 1-122 Dissolution of marriage and Section 40-4-3 NMSA 1978 proceedings; interim order allocating income and expenses
- Rule 1-123 Mandatory disclosure in domestic relations and paternity actions; preliminary disclosure requirements
- Rule 1-124 Child custody; parenting plans; binding arbitration
- Rule 1-125 Domestic Relations Mediation Act programs
- Rule 1-126 Partial decrees
- Rule 1-127 Attorney fees in domestic relations cases
- Rule 1-128 Uniform collaborative law rules; short title; definitions; applicability
- Rule 1-128.1 Collaborative law participation agreement; requirements
- Rule 1-128.2 Initiation of collaborative law process; voluntary participation; conclusion; termination; notice of discharge or withdrawal of collaborative lawyer; continuation with successor collaborative lawyer
- Rule 1-128.3 Proceedings pending before tribunal; status report; dismissal
- Rule 1-128.4 Emergency order
- Rule 1-128.5 Adoption of agreement by tribunal
- Rule 1-128.6 Disqualification of collaborative lawyer and lawyers in associated law firm
- Rule 1-128.7 Disclosure of information
- Rule 1-128.8 Standards of professional responsibility and mandatory reporting not affected
- Rule 1-128.9 Appropriateness of collaborative law process
- Rule 1-128.10 Coercive or violent relationship
- Rule 1-128.11 Confidentiality of collaborative law communication
- Rule 1-128.12 Privilege against disclosure for collaborative law communication; admissibility; discovery
- Rule 1-128.13 Authority of tribunal in case of noncompliance
- Rule 1-129 Proceedings under the Family Violence Protection Act
Article XIII. Mental Health Rules
Article XIV. Guardianship and Conservatorship Proceedings
- Rule 1-140 Guardianship and conservatorship proceedings; mandatory use of forms
- Rule 1-141 Guardianship and conservatorship proceedings; determination of persons entitled to notice of proceedings or access to court records
- Rule 1-142 Guardianship and conservatorship proceedings; proof of certification of professional guardians and conservators
- Rule 1-143 Guardianship and conservatorship proceedings; appointment of visitor, qualified health care professional, and guardian ad litem; timing and review of reports
- Rule 1-144 Guardianship and conservatorship proceedings; mandatory viewing of New Mexico Courts’ Guardian and Conservator Orientation Program videos
- Rule 1-145 Guardianship and conservatorship proceedings; professional guardians and conservators; procedures and time limits for filing reports and financial statements
Article XV. Kinship Guardianship Proceedings
- Rule 1-150 Scope; forms
- Rule 1-151 Petition; parties; intervention; joinder and sealing
- Rule 1-152 Mandatory and discretionary appointment of guardian ad litem; powers and duties of the guardian ad litem; payment
- Rule 1-153 Advisement of rights
- Rule 1-154 Kinship guardianship hearing; elements of proof; judgment
- Rule 1-155 Appointment of guardian
- Rule 1-156 Successor guardian
Numbering follows the official compilation, which reserves ranges for future rules (for example, between Articles). Rules 1-073, 1-083, and 1-098 have been withdrawn and Rule 1-101 is reserved; they are retained here, in their numeric positions, for reference.