New Mexico Answer to a Complaint

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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.

3. 3

   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).

4. 4

   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.

5. 5

   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.

6. 6

   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.

7. 7

   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.

New Mexico Requirements for Answer to a Complaint

• 30-Day District Court Deadline

  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.

• Pleading Caption or Form 4-301

  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.

• Court Caption

  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 With the Court Clerk

  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.

• Serve a Copy on the Plaintiff

  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.

• No Answer Fee, Waiver Available

  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.

• Affirmative Defenses

  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.

• Compulsory Counterclaim If Any

  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.