Rule 1-001.Scope of rules; definitions

Last amended February 6, 2012 · Last verified June 26, 2026

In one sentenceRule 1-001 fixes the reach of New Mexico's district-court civil rules—governing civil cases at law and in equity, subject to limited statutory exceptions—and defines key terms like “process” and “service of process.”

Full Text of Rule 1-001

Text sizeJump to: (A) (B) (C) (D)

A. Scope. These rules govern the procedure in the district courts of New Mexico in all suits of a civil nature whether cognizable as cases at law or in equity except to the extent that the New Mexico Rules of Evidence are inconsistent herewith. Except where these rules explicitly provide otherwise, these rules do not apply where there are contrary statutory provisions concerning special statutory or summary proceedings. These rules shall be subject to the provisions of Rule 23-114 NMRA, the rule governing free process for civil cases. These rules shall be construed and administered to secure the just, speedy and inexpensive determination of every action.

B. Definitions. As used in these rules and the civil forms approved for use with these rules:

(1) "defendant" includes a respondent;

(2) "plaintiff" includes a petitioner;

(3) "process" is the means by which jurisdiction is obtained over a person to compel the person to appear in a judicial proceeding and includes a:

(a) summons and complaint;

(b) summons and petition;

(d) mandate; and

(4) "service of process" means delivery of a summons or other process in the manner provided by Rule 1-004 NMRA of these rules.

C. Title. These rules shall be known as the Rules of Civil Procedure for the District Courts.

D. Citation form. These rules shall be cited by set and rule number of the New Mexico Rules Annotated, "NMRA", as in Rule 1-____ NMRA.

End

Rule History

[As amended, effective January 1, 1995; March 1, 2005; as amended by Supreme Court Order No. 07-8300-041, effective February 25, 2008; by Supreme Court Order No. 11-8300-050, effective for cases filed on or after February 6, 2012.]

Committee Commentary

The New Mexico Constitution provides that district courts have only such "jurisdiction of special cases and proceeding as may be conferred by law." N.M. Const. Art VI, Sec. 13. As a matter of practice, but not constitutional compulsion, the Supreme Court has deferred to legislative directives concerning procedural matters in special proceedings even if they do not affect the Court’s jurisdiction. However, the Supreme Court sometimes adopts procedure rules that are explicitly applicable to statutory procedures for special cases and proceedings. When this occurs, the explicit contrary rule supersedes the statutory procedures. See Ammerman v. Hubbard Broadcasting Inc., 89 N.M. 307, 551 P.2d 1354 (1976) (Procedural statutes do not apply if contradicted by a rule of procedure promulgated by the Supreme Court); NMSA Sec. 38-1-2 ("Practice statutes may be modified or suspended by rules"); NMRA Rule 1-091 ("Adopting Procedural Statutes").

Rule 1-004(A)(1) (service of summons), Rule 1-087 (Contest of Election or Nomination) and Rules 1-071.1 to 1-071.5 (Stream Adjudications) are examples of procedural rules adopted by the New Mexico Supreme Court that supersede contrary statutory provisions dealing with special statutory cases or proceedings.

Special Cases, Proceedings Defined

Special cases and proceedings are "statutory proceedings to enforce rights and remedies created by statute and which were unknown at common law." In re Forest, 45 N.M. 204. 207, 113 P.2d 582, 583 (1941); VanderVossen v. City of Espanola, 130 N.M. 287, 24 P.3d 319, Par. 15 (Ct. App. 2001).

Special Proceedings

Special proceedings include: Election Contests [Montoya v. McManus, 68 N.M. 381, 384, 362 P.2d 771, 773 (1961)]; Probate Proceedings [In re Estate of Harrington, 129 N.M. 266, 5 P.3d 1070, 2000-NMCA-058, Par. 14]; Zoning Proceedings [VanderVossen v. City of Española, 130 N.M. 287, 24 P.3d 319, 2001-NMCA-016, Par. 15]; Workers’ Compensation Proceedings [Holman v. Oriental Refinery, 75 N.M. 52, 54, 400 P.2d 471, 473 (1965)]; Arbitration Proceedings [Medina v. Foundation Reserve Ins. Co., 123 N.M. 380, 940 P.2d 1175, Par. 10 (N.M. 1997)]; Declaratory Judgment Proceedings [Smith v. City of Santa Fe, 142 N.M. 786, 171 P.3d 300, 2007-NMSC-055, Par. 13]; Adoption Proceedings [In re Doe, 101 N.M. 34, 37, 677 P.2d 1070, 1073 (Ct. App. 1984)]; Garnishment Proceedings [Postal Finance Co. v. Sisneros, 84 N.M. 724, 725, 527 P.2d 785, 786 (1973)]; Stream Adjudications [Rule 1-071.2 NMRA]; Certain Tax Proceedings [In re Sevilleta de la Joya Grant, 41 N.M. 305, 68 P.2d 160 (1937) (tax sales); In re Blatt, 41 N.M. 269, 67 P.2d 293 (1937) (suit to recover overpayment of taxes); State v. Rosenwald Bros. Co., 23 N.M. 578, 170 P. 42 (1918) (challenge to tax evaluation)]; and Condemnation Proceedings [State v. Rosenwald Bros. Co., 23 N.M. 578, 170 P. 42 (1918)].

Summary Proceedings

Summary proceedings include direct Contempt, State v. Ngo, 130 N.M. 515, 520, 27 P.3d 1002, 1007 (Ct. App. 2001), and Proceedings to Enforce or Quash Subpoenas, Wilson Corp. v. State ex rel. Udall, 121 N.M. 677, 916 P.2d 1344, 1996-NMCA-049, Par. 13

Probate Proceedings

Though probate proceedings are "Special Proceedings," e.g., In re Estate of Harrington, 2000-NMCA-058, ¶ 15, 129 N.M. 266, 5 P.3d 1070, these rules apply only in district court and do not apply directly to proceedings in probate court. See NMSA 1978, § 34-7-13 (rule-making power of probate judges). Moreover, the publication provisions of Rule 1-004 NMRA apply only to service of "process" which is defined as "the means by which jurisdiction is obtained over a person to compel the person to appear in a judicial proceeding." Rule 1-004(B)(3). Thus, the Rule 1-004 requirements for, and restrictions on, service by publication apply only to any aspects of probate practice in district court that require service of process as defined in Rule 1-001(B)(3) NMRA. For a discussion of the constitutional limits on the use of publication as a method for giving notice generally in probate proceedings, see Tulsa Collection Services, Inc. v. Pope, 485 U.S. 478 (1988).

[Adopted by Supreme Court Order No. 11-8300-050, effective for cases filed on or after February 6, 2012.]

Plain-English Summary

Rule 1-001 sets where these rules apply and what their core terms mean. They govern civil procedure in New Mexico's district courts in all suits of a civil nature, at law or in equity, except where the Rules of Evidence conflict or where contrary statutes control special statutory or summary proceedings. The rules are read to secure the just, speedy, and inexpensive determination of every action.

The rule then supplies definitions used throughout: “defendant” includes a respondent and “plaintiff” includes a petitioner; “process” is the means of obtaining jurisdiction over a person—a summons and complaint, a summons and petition, a writ or warrant, or a mandate—and “service of process” is delivery of process in the manner Rule 1-004 provides.

Finally, the rule names the set—the Rules of Civil Procedure for the District Courts—and gives the citation form: by set and rule number of the New Mexico Rules Annotated, as “Rule 1-___ NMRA.” As the committee commentary and case law note, the rules give way to specific statutory procedures for special and summary proceedings (such as election contests and certain probate matters) where those statutes apply.

Frequently Asked Questions

Which courts and cases do the New Mexico Rules of Civil Procedure govern?

They govern civil cases of every kind—at law or in equity—in New Mexico's district courts, except where the Rules of Evidence are inconsistent or where contrary statutes control special statutory or summary proceedings.

What counts as “process” under the rules?

Process is the means by which a court obtains jurisdiction over a person, and includes a summons and complaint, a summons and petition, a writ or warrant, and a mandate. “Service of process” is delivery of that process in the manner provided by Rule 1-004.

How are New Mexico's civil rules cited?

By set and rule number of the New Mexico Rules Annotated—for example, “Rule 1-001 NMRA.”

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-001 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: scope of rulesdefinitionsprocessservice of processNMRA citation