New Mexico Answer to a Complaint
New Mexico gives you 30 calendar days to answer a District Court complaint under Rule 1-004 NMRA. File on time or the plaintiff can take a default judgment.
Introduction
A New Mexico Answer to a Complaint is the written response you file with the clerk of the District Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. The deadline turns on which court you are in. In District Court, where general civil cases over $10,000 are heard, Rule 1-004(B)(2) NMRA directs the defendant to serve a responsive pleading or motion within thirty (30) days after service of the summons, and Rule 1-012 NMRA requires the answer. New Mexico does not publish a statewide fill-in answer form for District Court, so the answer is a typed pleading on a compliant caption under Rule 1-010 NMRA. The smaller courts differ. In Magistrate Court (most counties) and Metropolitan Court (Bernalillo County), the civil summons directs you to file a written response within twenty (20) days after service, and those courts use Form 4-301 (Answer to Civil Complaint). Miss the deadline and the clerk can enter your default under Rule 1-055(A) NMRA. DocDraft drafts a New Mexico-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your District Court deadline is 30 calendar days. Rule 1-004(B)(2) NMRA directs the defendant to serve a responsive pleading or motion within thirty (30) days after service of the summons, and Rule 1-012 NMRA requires the answer. Because the window is longer than seven days, all calendar days count.
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Magistrate and Metropolitan Court give you 20 days. In Magistrate Court (most counties) and Metropolitan Court (Bernalillo County), the civil summons states you must file a written response to the complaint within twenty (20) days after the summons has been served on you, under Rule 2-302 and Rule 3-302 NMRA.
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There is no statewide District Court answer form. New Mexico does not publish a fill-in answer form for District Court, so you type the answer as a pleading on a caption that complies with Rule 1-010 NMRA. Magistrate and Metropolitan courts use Form 4-301 (Answer to Civil Complaint).
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Small claims still require a written answer here. Unlike many states, New Mexico's small claims forums, Magistrate Court statewide and Metropolitan Court in Bernalillo County, do require a written response within 20 days, and the summons warns that a default judgment may be entered if you do not file one.
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An eviction case is an appearance, not a paper deadline. In an owner's action for possession under NMSA 1978 Section 47-8-43, the court sets a trial not less than seven nor more than ten days after service of the summons, and if the defendant fails to appear, judgment is entered against him. There is no fixed written-answer count.
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There is generally no fee to file an answer, and a waiver exists. A standard answer without cross-claims or counterclaims usually has no filing fee, and if you cannot afford court costs you can file Form 4-222, the Application for Free Process and Affidavit of Indigency, based on indigency.
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A related claim may be compulsory. Under Rule 1-013(A) NMRA, a claim you have against the plaintiff that arises out of the same transaction or occurrence is a compulsory counterclaim and must be stated in your answer, and the statute of limitations on a written contract is six years under NMSA Section 37-1-3.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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New Mexico Requirements for Answer to a Complaint
In a general civil case in District Court, Rule 1-004(B)(2) NMRA directs the defendant to serve a responsive pleading or motion within thirty (30) calendar days after service of the summons, and Rule 1-012 NMRA requires the answer. In Magistrate Court and Metropolitan Court, the civil summons requires a written response within twenty (20) days after service under Rule 2-302 and Rule 3-302 NMRA.
New Mexico does not publish a statewide fill-in answer form for District Court, so type the answer as a pleading on a caption that complies with Rule 1-010 NMRA. In Magistrate Court and Metropolitan Court you can use Form 4-301, the Answer to Civil Complaint.
Caption the answer for the court named in the summons, which for general civil cases over $10,000 is the New Mexico District Court, and for claims up to $10,000 is the Magistrate Court in most counties or the Metropolitan Court in Bernalillo County. Include the case number, the parties' names, and the title Defendant's Answer to Complaint.
File your answer with the clerk of the court named in the caption of the summons. Under Rule 1-005.2 NMRA, electronic filing is mandatory in district court civil cases for parties represented by attorneys, while self-represented litigants may file electronically or in paper format with the clerk.
Under Rule 1-005 NMRA, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic service if they are on the Service Contact List, and file a certificate of service as proof.
A standard answer without cross-claims or counterclaims generally has no filing fee. If you cannot afford court costs, file Form 4-222, the Application for Free Process and Affidavit of Indigency, which is granted on the basis of indigency.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, res judicata, or estoppel. The statute of limitations on a written contract is six years under NMSA 1978, Section 37-1-3.
Under Rule 1-013(A) NMRA, a claim you have against the plaintiff that arises out of the same transaction or occurrence as the plaintiff's claim is a compulsory counterclaim and must be stated in your answer, or you can lose the right to bring it later.
Frequently Asked Questions
In a general civil case in District Court, Rule 1-004(B)(2) NMRA directs you to serve a responsive pleading within thirty (30) calendar days after the summons is served, and Rule 1-012 NMRA requires the answer. The deadline differs in other courts. In Magistrate Court and Metropolitan Court, the civil summons requires a written response within twenty (20) days after service. In an eviction case, the court sets a trial seven to ten days after service and you must appear rather than file a paper answer. Missing your deadline can lead to a default judgment.
It depends on the court. New Mexico does not publish a statewide fill-in answer form for District Court, so you type the answer as a pleading on a caption that complies with Rule 1-010 NMRA, then file it with the clerk of the court named in the summons. In Magistrate Court and Metropolitan Court, you can use Form 4-301, the Answer to Civil Complaint.
File your answer with the clerk of the court named in the caption of the summons. General civil cases over $10,000 are heard in the New Mexico District Court, while claims up to $10,000 go to Magistrate Court in most counties or Metropolitan Court in Bernalillo County. Under Rule 1-005.2 NMRA, electronic filing is mandatory in district court civil cases for parties represented by attorneys, while self-represented litigants may file electronically or in paper with the clerk.
There is generally no fee to file a standard answer that does not include cross-claims or counterclaims. If you cannot afford court costs, you can ask the court to waive them by filing Form 4-222, the Application for Free Process and Affidavit of Indigency, which is based on indigency, also known as in forma pauperis.
Under Rule 1-055(A) NMRA, when a party against whom relief is sought has failed to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk shall enter the default. You may be able to ask the court to set aside a default judgment under Rule 1-060(B) NMRA by showing mistake, inadvertence, surprise, or excusable neglect, filed within a reasonable time and not more than one year after the judgment was entered.
Yes, and you may be required to. Under Rule 1-013(A) NMRA, a pleading shall state as a counterclaim any claim the pleader has against an opposing party that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim. A counterclaim of this kind is compulsory and should be filed with your answer. A claim arising from a different transaction may be raised as a permissive counterclaim.