A.Procedure. The procedure for obtaining a declaratory judgment shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 1-038 and 1-039 NMRA. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
B.Procedure when state a party. In all actions where the State of New Mexico is a party, the summons to be issued, together with a copy of the complaint or petition thereto attached, shall be personally served upon the governor and the attorney general of the State of New Mexico. The state shall thereupon be required to answer or plead to the complaint or petition and serve copy thereof within twenty (20) days after service upon the last served of the two officials above named.
End
Plain-English Summary
This rule supplies the procedure for declaratory relief. A declaratory judgment is obtained under the ordinary rules, with the jury-trial right available as provided in Rules 1-038 and 1-039, and the existence of another adequate remedy does not bar declaratory relief where it is appropriate; the court may order a speedy hearing and advance the case on its calendar.
When the State of New Mexico is a party, the summons and a copy of the complaint or petition must be served personally on the governor and the attorney general, and the State then has twenty days after service on the later-served of those two officials to answer or plead.
Frequently Asked Questions
Does another available remedy bar a declaratory judgment?
No. The existence of another adequate remedy does not preclude declaratory relief in cases where it is appropriate.
How is the State served in a declaratory judgment action?
The summons and a copy of the complaint or petition must be personally served on the governor and the attorney general, and the State has twenty days after service on the later-served official to respond.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-057 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:declaratory judgmentdeclaratory reliefdeclaration of rights