Rule 1-007.Pleadings allowed; form of motions

Last verified June 26, 2026

In one sentenceRule 1-007 lists the pleadings allowed in a New Mexico civil case, requires motions to be in writing and state their grounds and the relief sought, and abolishes demurrers, pleas, and exceptions.

Full Text of Rule 1-007

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

A. Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim denominated as such; a third-party complaint, if a person who was not an original party is summoned under the provisions of Rule 1-014 NMRA; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

B. Motions and other papers.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2) The rules applicable to captions, signing and other matters of form of pleadings apply to all motions and other papers provided for by these rules.

C. Demurrers, pleas, etc., abolished. Demurrers, pleas and exceptions for insufficiency of a pleading shall not be used.

End

Plain-English Summary

This rule fixes the pieces of a civil case. The allowed pleadings are a complaint and an answer; a reply to a counterclaim labeled as such; an answer to a cross-claim; a third-party complaint when a new party is brought in under Rule 1-014; and a third-party answer. No other pleading is allowed unless the court orders a reply to an answer or a third-party answer.

An application for a court order must be made by motion, and—unless made during a hearing or trial—the motion must be in writing, state its grounds with particularity, and set out the relief sought; a written notice of hearing satisfies the writing requirement. Motions follow the same form rules as pleadings. The rule also sweeps away the old technical objections: demurrers, pleas, and exceptions for insufficiency of a pleading may no longer be used.

Frequently Asked Questions

What pleadings are allowed?

A complaint and answer, a reply to a counterclaim, an answer to a cross-claim, a third-party complaint, and a third-party answer. Anything more requires a court order.

What must a written motion contain?

It must state the grounds with particularity and set out the relief or order sought; a written notice of the hearing of the motion satisfies the writing requirement.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-007 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: pleadings allowedtypes of pleadingsform of motionsdemurrers abolished