Rule 1-081.Remand to district court from federal court
Last amended January 1, 1996 · Last verified June 26, 2026
In one sentenceRule 1-081 bars a default judgment after a case is remanded from federal court until ten days after defendants are served with notice that the remand order was filed.
Full Text of Rule 1-081
Whenever a cause shall have been removed from a district court to a United States
court and thereafter remanded, judgment by default shall not be entered therein until the
expiration of ten (10) days after service of notice upon defendants that the order
remanding such cause has been filed. Within such time the defendants may move or
plead as they might have done had such cause not been removed.
End
Rule History
[As amended, effective August 1, 1988; January 1, 1996.]
Plain-English Summary
This short rule protects defendants when a case returns from federal court. After a cause removed to a United States court is remanded, no default judgment may be entered until ten days after defendants are served with notice that the remand order has been filed. Within that time, the defendants may move or plead as they could have had the case never been removed.
Frequently Asked Questions
Can a default be entered right after a case is remanded from federal court?
No. No default judgment may be entered until ten days after the defendants are served with notice that the remand order was filed, and within that time they may move or plead.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-081 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: remand from federal courtremoval and remanddefault after remand