New Mexico Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   New Mexico's district court rule is Rule 1-060(B) NMRA. On motion and on such terms as are just, the court may relieve a party from a final judgment, order or proceeding for listed reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059; (3) fraud, misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) satisfaction, release, discharge or reversal of a prior judgment, or it is no longer equitable that the judgment should have prospective application; and (6) any other reason justifying relief.

2. 2

   Ground (6) expressly includes the failure of a party who was subject to Rule 1-009(J) NMRA to comply with Rules 1-009(J)(1) and 1-017(E) NMRA. The committee commentary says a (B)(6) movant must file within a reasonable time and must also demonstrate a meritorious defense.

3. 3

   Deadlines differ by ground. Rule 1-060(B) says the motion shall be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059, and (3) fraud, misrepresentation or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken. Grounds (5), a satisfied, released, discharged or no longer equitable judgment, and (6), any other reason justifying relief, carry the reasonable-time limit.

4. 4

   A void judgment is treated differently. The committee commentary says a Rule 1-060(B)(4) motion to void the judgment can be brought at any time and does not require proof of a meritorious defense. Move promptly anyway, and show the facts that make the judgment void.

5. 5

   Filing does not by itself stop enforcement. Rule 1-060(B) says a motion under the paragraph does not affect the finality of a judgment or suspend its operation, and Rules 2-703(B) and 3-704(B) say the same. Ask the court for a stay separately if you need one.

6. 6

   Magistrate court uses Rule 2-703 and metropolitan court uses Rule 3-704. Each lists (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud, misrepresentation or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated; and (5) any other reason justifying relief. A motion under (1) or (2) must be filed not more than one year after entry. Rule 2-703 applies if the judgment has not been filed in the district court, and a magistrate court order granting or denying relief may be appealed to the district court.

7. 7

   For a default judgment in magistrate or metropolitan court, official Form 4-704, for use with Rules 2-702 and 3-702, recites that the motion is filed within thirty days from date of judgment, that no appeal has been taken, that the movant has a defense to present, and the excuse for the default. Form 4-705 is the order setting aside the default judgment. Also see /legal-document/set-aside-default/new-mexico.

New Mexico Requirements for Motion to Vacate

• Grounds Under Rule 1-060(B)

  (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059; (3) fraud or misconduct of an adverse party; (4) void judgment; (5) satisfied, reversed or no longer equitable; (6) any other reason justifying relief.

• Reasonable Time, One-Year Cap

  Rule 1-060(B): within a reasonable time, and for (1) mistake or excusable neglect, (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059, and (3) fraud or misconduct, not more than one year after entry.

• Meritorious Defense for (B)(6)

  Committee commentary: a (B)(6) movant must file within a reasonable time and also demonstrate a meritorious defense. A (B)(4) void motion can be brought at any time and does not require one.

• No Suspension of the Judgment

  Rules 1-060(B), 2-703(B) and 3-704(B): the motion does not affect the finality of a judgment or suspend its operation. Ask the court separately for a stay.

• Magistrate and Metro Court Rules

  Rules 2-703 and 3-704: motions under (1) mistake or excusable neglect or (2) fraud or misconduct within one year after entry. Rule 2-703 applies if the judgment has not been filed in district court, and a magistrate court order under it may be appealed to district court.

• Form 4-704 Default Motion

  Form 4-704 is the magistrate and metropolitan court motion to set aside a default judgment, for use with Rules 2-702 and 3-702; Form 4-705 is the order. Also see /legal-document/set-aside-default/new-mexico.

• Motion After Notice of Appeal

  Committee commentary: under Rule 12-201(D)(4), a timely notice of appeal does not divest the district court of jurisdiction over a Rule 1-060 motion filed within thirty days after the judgment.

• Independent Action Preserved

  Rule 1-060(B) does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court.