Rule 1-121.Temporary domestic orders

Last amended December 31, 2017 · Last verified June 26, 2026

In one sentenceRule 1-121 requires a temporary domestic order to be entered with the summons in most original domestic relations actions, binding the parties during the case.

Full Text of Rule 1-121

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A. Temporary domestic orders required. Except as provided in this rule, in all original domestic relations actions where a summons has been issued, the court shall enter a temporary domestic order, unless:

(1) the action was filed by the state regarding child support; or

(2) otherwise ordered by the court.

B. Approved form. If a temporary domestic order is issued it shall be substantially in the form approved by the Supreme Court. Any prohibition or limitation on the parties not included in the Supreme Court approved form shall only be approved after notice and hearing by the court.

C. Issuance. Coincident with the issuance of summons, the clerk shall file a temporary domestic order, and deliver an endorsed copy of the order to the person obtaining the summons. The petitioner shall cause to be served an endorsed copy of the temporary domestic order on the respondent. If served with the summons and petition, the return of summons shall include a statement that the temporary domestic order was served with the petition.

D. Effective date of temporary domestic orders. The verification to the petition shall include a statement that the petitioner understands the content of the temporary domestic order. The temporary domestic order shall be binding upon the petitioner at the time the petition is filed and upon the respondent at the time it is personally served on the respondent. Actions taken by either party that are contrary to the terms of the temporary domestic order are subject to redress by the court, including costs and attorney fees.

E. Applicability. Unless the court orders otherwise, this rule shall not apply to domestic relations actions or proceedings filed:

(1) pursuant to Section 40-4-20 NMSA 1978 to divide or distribute property;

(2) after entry of the final order or decree;

(3) pursuant to the Uniform Interstate Family Support Act;

(4) pursuant to the Uniform Parentage Act; or

(5) as a third party custody action.

F. Temporary restraining orders. This rule shall not preclude a party from requesting the entry of a temporary restraining order under Rule 1-066 of these rules.

End

Rule History

[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001; as amended by Supreme Court Order No. 17-8300-017, effective for all pleadings and papers filed on or after December 31, 2017.]

Committee Commentary

The summons and petition may be served in accordance with Rule 1-004 NMRA.

[As amended by Supreme Court Order No. 17-8300-017, effective for all pleadings and papers filed on or after December 31, 2017.]

Plain-English Summary

This rule puts interim ground rules in place. In most original domestic relations actions where a summons issues, the court enters a temporary domestic order on the Supreme Court–approved form—except in state-filed child-support cases or when the court orders otherwise. Any added prohibition beyond the approved form requires notice and a hearing. The clerk files the order with the summons and gives an endorsed copy to the petitioner, who serves it on the respondent.

The order binds the petitioner when the petition is filed and the respondent when personally served, and the petition’s verification states that the petitioner understands it; acting contrary to the order can draw costs and attorney fees. The rule does not apply to certain proceedings (property division under Section 40-4-20, post-decree matters, interstate support, parentage, or third-party custody) and does not preclude a temporary restraining order under Rule 1-066.

Frequently Asked Questions

When is a temporary domestic order entered?

With the summons in most original domestic relations actions—except state-filed child-support cases or when the court orders otherwise.

When does a temporary domestic order take effect?

It binds the petitioner when the petition is filed and the respondent when it is personally served.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-121 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: temporary domestic orderTDOdomestic relations standing orderstatus quo order