Last amended December 31, 2025 · Last verified June 26, 2026
In one sentenceRule 1-055 governs default—entry of default by the clerk when a party fails to defend, default judgment by the court, and setting a default aside for good cause.
A.Entry. 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.
B.Judgment. Judgment by default may be entered as follows: 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. In cases controlled by Rule 1-009(J) NMRA, before entry of default judgment, the court shall determine that the party seeking relief has stated a claim on which relief can be granted, has complied with Rules 1-009(J)(3) and 1-017(E) NMRA, and has substantially complied with the requirements of Form 4-226 NMRA, or has complied with Rule 1-009(J)(2) and 1-017(E), and has substantially complied with the requirements of Form 4-226A. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct those hearings or order those references as it deems necessary and proper and shall accord a right of trial by jury to the parties entitled to that.
C.Setting aside default. For good cause shown, the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 1-060 NMRA.
D.Plaintiffs, counterclaimants, cross-claimants. The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 1-054(C) NMRA.
E.Limitations. No judgment by default shall be entered against the state or an officer or agency of the state or against a party in any case based on a negotiable instrument, unless the original negotiable instrument is filed with the court and merged with the judgment, or where the damages claimed are unliquidated unless the claimant establishes the claimant's claim or right to relief by evidence satisfactory to the court.
End
Rule History
[As amended, effective August 27, 1999; as amended by Supreme Court Order 16-8300-031, effective for all cases pending or filed on or after July 1, 2017; as amended by Supreme Court Order No. S-1-RCR-2025-00174, effective for all cases pending or filed on or after December 31, 2025.]
Committee Commentary
Paragraph B of this rule was revised in 2016 to provide additional protections to consumers in consumer debt collection cases. See Rule 1-009 NMRA comm. cmt. Paragraph B references Rule 1-009(J)(2), under which, if the party seeking relief in a consumer debt claim has not served and filed with the district court the instrument of writing on which the party’s claim is based, the district court shall not enter a default judgment without the court’s finding of the party’s good cause failure to do so. For cases involving a negotiable instrument which is not part of a consumer debt claim, Paragraph E of this rule requires that the original negotiable instrument be filed with the court unless the party seeking default judgment provides sufficient alternative evidence to demonstrate the party’s right to relief.
2025 amendment
In 2025, the Supreme Court amended Rule 1-009(J) NMRA, modifying the pleading rules that apply to consumer debt claims and creating a separate pleading rule for collection actions pursuing “medical debt” as defined in the Patients’ Debt Collection Protection Act, NMSA 1978, Section 57-32-2(I) (2021). The amendments to Rule 1-009(J) are reflected in the 2025 amendment to Rule 1-055 NMRA.
[As amended, effective August 27, 1999; as amended by Supreme Court Order 16-8300-031; as amended by Supreme Court Order No. S-1-RCR-2025-00174.]
Plain-English Summary
This rule handles parties who do not respond. When a party against whom affirmative relief is sought fails to plead or otherwise defend, and that is shown by affidavit or otherwise, the clerk enters the party’s default. A default judgment is then obtained by applying to the court—never against an infant or incompetent person without a representative who has appeared, and, if the defaulting party has appeared, only after at least three days’ written notice of the application. The court may hold hearings to fix damages or establish facts, preserving any jury-trial right.
A default may be set aside for good cause, and a default judgment under Rule 1-060. The rule applies to any party entitled to default—plaintiff, third-party plaintiff, or one pleading a counterclaim or cross-claim—and a default judgment is limited by Rule 1-054(C). It bars default judgment against the State and, in cases on a negotiable instrument or for unliquidated damages, requires the original instrument or satisfactory proof. As the committee commentary notes, Paragraph B was revised in 2016 (and again in 2025) to add consumer-debt protections.
Frequently Asked Questions
Who enters a default and who enters a default judgment?
The clerk enters the default when a party fails to plead or defend; the court enters the default judgment on application by the party entitled to it.
Is notice required before a default judgment?
Yes, if the defaulting party has appeared in the action—then that party must be served with written notice of the application at least three days before the hearing.
Can a default be set aside?
Yes. The court may set aside an entry of default for good cause, and a default judgment under Rule 1-060.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-055 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:defaultentry of defaultdefault judgmentsetting aside defaultthree-day notice