How long does a party have to respond to a New Mexico motion for summary judgment?

No later than 15 calendar days after service of the motion, the opposing party must submit a written memorandum opposing the motion, and the moving party may then submit a reply within 15 calendar days after service of that opposition (Rule 1-056(D)(2) NMRA).

Does the New Mexico summary judgment response deadline run from service of the motion or from a hearing date?

From service of the motion. Unlike states that count backward from a scheduled hearing, Rule 1-056(D)(2) NMRA counts the 15-day opposition period, and the 15-day reply period, forward from the date the motion or opposing memorandum was served.

Is there a deadline for filing a New Mexico motion for summary judgment before trial?

No fixed statewide day count. Rule 1-056(D)(1) NMRA requires only that the motion be filed within a reasonable time prior to the date of trial, leaving enough time for a response and a ruling.

Will a New Mexico court automatically hold a hearing on a motion for summary judgment?

No. Under Rule 1-007.1(G) NMRA, a party must affirmatively request a hearing at the time an opposed motion is filed. Without a request, the motion is decided on the papers once a notice of completion of briefing is filed under Rule 1-007.1(H) NMRA.

What happens to facts in a New Mexico summary judgment motion that the other side does not dispute?

Any material fact in the moving party's numbered statement that the opposing memorandum does not specifically controvert is deemed admitted (Rule 1-056(D)(2) NMRA), so a person served with the motion should respond carefully to every listed fact, not just the legal argument.

Does New Mexico require a separate statement of undisputed material facts for summary judgment?

Not as a free-standing document. Rule 1-056(D)(2) NMRA requires the numbered, concise statement of undisputed material facts, with record references, inside the moving memorandum itself, and the opposing memorandum must do the same for any facts in genuine dispute.

Can a party get partial summary judgment in New Mexico?

Yes. Rule 1-056(A), (B), (C) NMRA allows a party to move for summary judgment on all or any part of a claim, including an interlocutory judgment on the issue of liability alone while the amount of damages remains disputed.

If the other side does not respond to a New Mexico motion for summary judgment, is it automatically granted?

No. The court must still find that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law, even though any listed fact the opposing memorandum does not specifically controvert is deemed admitted.

Does this page cover a motion to dismiss or a federal summary judgment motion in New Mexico?

No. This page covers a civil motion for summary judgment in New Mexico state district court under Rule 1-056 NMRA. A motion to dismiss and a motion to set aside a default judgment are different motions, and a federal civil case follows Federal Rule of Civil Procedure 56 rather than Rule 1-056 NMRA.

New Mexico Motion for Summary Judgment

Q: What standard does a New Mexico court use to decide a motion for summary judgment?

Under Rule 1-056(C) NMRA, the court must find there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. In Bartlett v. Mirabal, 2000-NMCA-036, the Court of Appeals declined to adopt the federal Celotex and Anderson standards, instead requiring the movant to first make a prima facie showing on the challenged element.

New Mexico counts the summary judgment response and reply forward from service, not backward from a hearing date: a party opposing the motion has 15 calendar days to respond, the movant then has 15 more days to reply, and a hearing happens only if a party affirmatively requests one.

Find out where you stand in New Mexico

Which side of the motion are you on?

DocDraft provides document preparation, not legal advice.

Introduction

Rule 1-056(D)(1) NMRA sets no fixed earliest or latest filing date for a New Mexico motion for summary judgment, only a requirement that it be filed within a reasonable time prior to the date of trial so there is enough time for a response and a ruling. Once the motion is served, the opposing party must submit a written memorandum opposing the motion within 15 calendar days after service, and the moving party may then submit a reply memorandum within 15 calendar days after service of that opposition (Rule 1-056(D)(2) NMRA). Both periods run forward from service, not backward from a hearing date, which is why every deadline on this page is calculated from the date the motion or the opposing memorandum was actually served. Unlike many other states, a hearing on a New Mexico motion for summary judgment is not automatic: under Rule 1-007.1(G) NMRA, a party must affirmatively request a hearing at the time the motion is filed, or the motion is decided on the papers once a notice of completion of briefing is filed under Rule 1-007.1(D), (H) NMRA. New Mexico applies its own longstanding standard under Rule 1-056(C) NMRA: there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. In Bartlett v. Mirabal, 2000-NMCA-036, the Court of Appeals declined to adopt the federal Celotex and Anderson standards used in many other states, retaining a rule under which the movant must first make a prima facie showing that no genuine issue of fact exists as to a challenged element before the burden shifts to the opposing party. Paragraphs A through F of Rule 1-056 were last amended effective August 1, 1989. The moving memorandum must contain a concise, numbered statement of all material facts the movant contends are undisputed, with particular record references, and any fact not specifically controverted in the opposing memorandum is deemed admitted (Rule 1-056(D)(2) NMRA); New Mexico does not require a free-standing, separately captioned statement the way some states do, but the numbered fact statement is mandatory in substance. Any supporting affidavit must be made on personal knowledge, set forth facts that would be admissible in evidence, and show affirmatively that the affiant is competent to testify (Rule 1-056(E) NMRA). A party may also move for summary judgment on the issue of liability alone, as an interlocutory judgment, even while a genuine issue remains as to the amount of damages, or on any part of a claim (Rule 1-056(A), (B), (C) NMRA); New Mexico has no named, Texas-style no-evidence motion, though case law lets a defendant in some cases, such as a plaintiff's lack of an expert witness in a medical malpractice claim, make a prima facie showing without its own affidavit. This page covers a civil motion for summary judgment in New Mexico district court and serves both the party filing the motion and the party who was served with it. It does not cover a motion to dismiss, see DocDraft's motion to dismiss page, or an effort to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 rather than Rule 1-056 NMRA and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side fails to respond, though any fact not specifically controverted is deemed admitted. Attorney review is available before you file or respond.

Key Things to Know

1
In New Mexico, a party opposing a motion for summary judgment must submit a written memorandum within 15 calendar days after service of the motion, and the moving party may then submit a reply within 15 calendar days after service of that opposition; both periods run forward from service, not backward from a hearing date, and there is no fixed statewide deadline for filing the motion itself, only a requirement that it be filed within a reasonable time prior to the date of trial (Rule 1-056(D)(1), (D)(2) NMRA).
2
If you were served with a New Mexico motion for summary judgment, your 15-calendar-day response clock starts on the date of service, and any material fact in the motion that your opposing memorandum does not specifically controvert will be deemed admitted (Rule 1-056(D)(2) NMRA).
3
A New Mexico motion for summary judgment is not automatically granted just because the other side fails to respond; the court must still find no genuine issue of material fact and that the movant is entitled to judgment as a matter of law, even though any undisputed fact in the motion is deemed admitted if not specifically controverted.
4
New Mexico courts apply their own longstanding genuine-issue standard under Rule 1-056(C) NMRA; in Bartlett v. Mirabal, 2000-NMCA-036, the Court of Appeals declined to adopt the federal Celotex and Anderson standards, instead requiring the movant to first make a prima facie showing on the challenged element; Paragraphs A through F of Rule 1-056 were last amended effective August 1, 1989.
5
A hearing on a New Mexico motion for summary judgment is not automatic: a party must affirmatively request one at the time the motion is filed under Rule 1-007.1(G) NMRA, or the motion is decided on the papers once a notice of completion of briefing is filed under Rule 1-007.1(H) NMRA.
6
The moving memorandum must include a concise, numbered statement of all undisputed material facts with particular record references, and any supporting affidavit must be made on personal knowledge and show affirmatively that the affiant is competent to testify (Rule 1-056(C), (D)(2), (E) NMRA); New Mexico does not require a separately captioned statement, though the First Judicial District imposes a ten-page limit on a brief or memorandum by local rule (LR1-201(A) NMRA).
7
A party may move for summary judgment on the issue of liability alone, or on any part of a claim, even while damages remain disputed (Rule 1-056(A), (B), (C) NMRA); this page covers only a New Mexico state district court motion for summary judgment, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.

Key decisions before you file

Before you file a Motion for Summary Judgment in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

Open the Motion for Summary Judgment guide

Customize your Motion for Summary Judgment Template with DocDraft

No. [CASE NUMBER]

STATE OF NEW MEXICO COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

MOTION FOR SUMMARY JUDGMENT [IF APPLICABLE: ON THE ISSUE OF LIABILITY ALONE]

[NAME OF MOVING PARTY], [PLAINTIFF OR DEFENDANT] in this action, moves for summary judgment under Rule 1-056 NMRA [IF APPLICABLE: on the issue of liability alone, DESCRIPTION OF THE CLAIM OR DEFENSE, even though the amount of damages remains disputed], and states:

I. GROUNDS

There is no genuine issue as to any material fact, and Movant is entitled to judgment as a matter of law under Rule 1-056(C) NMRA.
[IF APPLICABLE: DESCRIPTION OF THE SPECIFIC CLAIM, DEFENSE, OR ELEMENT ON WHICH JUDGMENT IS SOUGHT, AND THE BASIS FOR MOVANT'S PRIMA FACIE SHOWING.]

II. STATEMENT OF UNDISPUTED MATERIAL FACTS

Under Rule 1-056(D)(2) NMRA, Movant submits the following concise, numbered statement of all material facts as to which Movant contends no genuine issue exists, with particular references to the record: [NUMBERED STATEMENT OF EACH UNDISPUTED MATERIAL FACT, EACH WITH A RECORD CITATION].
Any fact above not specifically controverted in an opposing memorandum will be deemed admitted under Rule 1-056(D)(2) NMRA.

III. SUPPORTING EVIDENCE

Movant relies on the following under Rule 1-056(C), (E) NMRA, and each supporting affidavit is made on personal knowledge, sets forth facts that would be admissible in evidence, and shows affirmatively that the affiant is competent to testify: [LIST OF SUPPORTING AFFIDAVITS, DEPOSITIONS, INTERROGATORY ANSWERS, OR ADMISSIONS, WITH SWORN OR CERTIFIED COPIES OF REFERENCED PAPERS ATTACHED].

IV. MEMORANDUM

Movant is entitled to judgment as a matter of law on the undisputed facts above for the following reasons: [LEGAL ARGUMENT AND AUTHORITY].

V. CONCURRENCE OF PARTIES

Under Rule 1-007.1(C) NMRA, Movant sought the concurrence of [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] in this motion, and [STATE WHETHER EACH PARTY CONCURS OR OPPOSES].

VI. REQUEST FOR HEARING

[IF APPLICABLE: Movant requests a hearing on this motion under Rule 1-007.1(G) NMRA. Absent a timely request, this motion will be decided on the briefs once a notice of completion of briefing is filed under Rule 1-007.1(H) NMRA.]

VII. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court enter [IF APPLICABLE: partial] summary judgment in Movant's favor [IF APPLICABLE: on the issue of liability alone, as described above], and grant such other relief as the Court deems just.

[SIGNATURE] [NAME OF ATTORNEY OR PARTY] [ADDRESS] [CITY, NEW MEXICO ZIP] [PHONE] [EMAIL] [NEW MEXICO BAR NUMBER, IF AN ATTORNEY]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a true and correct copy of this Motion for Summary Judgment was served on [NAME OF EACH OTHER PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE], and that under Rule 1-056(D)(2) NMRA, any opposing memorandum is due no later than 15 calendar days after that date of service.

[SIGNATURE] [NAME]

New Mexico Requirements for Motion for Summary Judgment

15-Day Response Deadline Runs Forward From Service
The opposing party must submit a written memorandum opposing a motion for summary judgment within 15 calendar days after service of the motion, with the clock running forward from service rather than backward from a hearing date (Rule 1-056(D)(2) NMRA).
15-Day Reply Deadline After Service of the Opposition
The moving party may submit a written reply memorandum within 15 calendar days after service of the opposing memorandum (Rule 1-056(D)(2) NMRA).
No Fixed Filing Cutoff Before Trial
New Mexico sets no fixed earliest or latest day count for filing a motion for summary judgment; Rule 1-056(D)(1) NMRA requires only that it be filed within a reasonable time prior to the date of trial, leaving enough time for a response and a ruling.
Hearing Not Automatic, Must Be Requested at Filing
A hearing on a motion for summary judgment is not automatic; a party must affirmatively request a hearing at the time an opposed motion is filed, or the motion is decided on the papers once a notice of completion of briefing is filed (Rule 1-007.1(G), (H) NMRA).
Bartlett v. Mirabal Declined the Federal Celotex and Anderson Standard
In Bartlett v. Mirabal, 2000-NMCA-036, the Court of Appeals declined to adopt the federal Celotex and Anderson summary judgment standards, retaining a rule under which the movant must first make a prima facie showing that no genuine issue of fact exists as to a challenged element.
Unopposed Material Facts Are Deemed Admitted
Any material fact in the moving party's numbered statement that the opposing memorandum does not specifically controvert is deemed admitted (Rule 1-056(D)(2) NMRA).
Numbered Statement of Undisputed Facts Embedded in the Memorandum
New Mexico does not require a free-standing separate statement; the numbered, concise statement of undisputed material facts with record references must instead appear inside the moving and opposing memoranda themselves (Rule 1-056(D)(2) NMRA).
Partial Summary Judgment on Liability Alone
Rule 1-056(A), (B), (C) NMRA allows a party to move for summary judgment on all or any part of a claim, including an interlocutory judgment on the issue of liability alone while the amount of damages remains disputed.
Notice of Completion of Briefing Required
Once all response and reply deadlines expire, any party must file a notice of completion of briefing to alert the court that the motion is ready for decision (Rule 1-007.1(H) NMRA).

Find out where you stand in New Mexico

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Summary Judgment Template with DocDraft

New Mexico Requirements for Motion for Summary Judgment

15-Day Response Deadline Runs Forward From Service

15-Day Reply Deadline After Service of the Opposition

No Fixed Filing Cutoff Before Trial

Hearing Not Automatic, Must Be Requested at Filing

Bartlett v. Mirabal Declined the Federal Celotex and Anderson Standard

Unopposed Material Facts Are Deemed Admitted

Numbered Statement of Undisputed Facts Embedded in the Memorandum

Partial Summary Judgment on Liability Alone

Notice of Completion of Briefing Required

Frequently Asked Questions