How to Respond to a Lawsuit in New Mexico: Answer a Summons (2026)
Reviewed by DocDraft Legal Team. New Mexico. Last updated 2026-06-02
In New Mexico, a defendant served with a civil summons and complaint in District Court has 30 calendar days to file a written answer or other response under Rule 1-004(B)(2) NMRA, with the answer itself governed by Rule 1-012 NMRA. The window is shorter in the lower courts. In Magistrate Court, the statewide forum for smaller cases up to $10,000, and in Bernalillo County's Metropolitan Court, the defendant must file a written response within 20 days after the summons is served, under Rule 2-302 NMRA and Rule 3-302 NMRA. Eviction is different and is not a paper-answer deadline at all. 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 the summons is served, and the resident's obligation is to appear at that trial. If the defendant fails to appear, judgment is entered against the defendant, so do not wait for a paper answer date that does not exist. A response to a divorce or dissolution petition is filed in District Court and is due within 30 days under the same Rule 1-004(B)(2) answer time. If you miss a deadline where a response is required, the clerk can enter your default under Rule 1-055(A) NMRA and the court can enter a default judgment, which you can later move to set aside within one year under Rule 1-060(B) NMRA.
How long do I have to respond to a lawsuit in New Mexico?
It depends on the court. In District Court, Rule 1-004(B)(2) NMRA gives you 30 calendar days after service to file a written answer. In Magistrate Court or Bernalillo County Metropolitan Court, you have 20 days to file a written response under Rule 2-302 and Rule 3-302 NMRA. In an eviction, you appear at a trial set 7 to 10 days after service rather than filing a paper answer.
How do I respond to a civil summons in New Mexico?
You respond by filing a written answer with the clerk of the court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under Rule 1-005 NMRA and filing a certificate of service. The answer admits or denies each numbered allegation in the complaint and states your defenses and any counterclaims.
What happens if I don't answer a summons in New Mexico?
If you do not file a response or appear by your deadline, the clerk can enter your default under Rule 1-055(A) NMRA and the court can enter a default judgment granting what the complaint requests. In an eviction, judgment is entered if you fail to appear at the trial date set in the summons. You may later move to set the default aside within one year under Rule 1-060(B) NMRA.
How do I answer a summons without an attorney in New Mexico?
Self-represented defendants can file an answer themselves. In Magistrate or Metropolitan Court you can use Form 4-301, the Answer to Civil Complaint. In District Court you type your answer on a pleading with the caption required by Rule 1-010 NMRA. Respond to each numbered allegation, list your defenses, file with the clerk, and serve the plaintiff.
New Mexico response framework at a glance
New Mexico's response rules turn first on which court your case is in. A general civil complaint in District Court is governed by Rule 1-004(B)(2) NMRA, whose summons directs the defendant to serve a responsive pleading or motion within 30 calendar days after the summons is served, with the answer itself governed by Rule 1-012 NMRA. The lower courts are faster. In Magistrate Court, the statewide forum that hears civil claims up to $10,000, and in the Metropolitan Court that serves Bernalillo County, the official civil summons requires the defendant to file a written response to the complaint within 20 days after the summons is served, under Rule 2-302 NMRA and Rule 3-302 NMRA. Unlike many states, New Mexico's small-claims forum does require a written answer, so a Magistrate or Metropolitan Court defendant cannot simply wait for a hearing. Eviction is the exception and is not a counted paper deadline. Under NMSA 1978, Section 47-8-43, an owner's action for possession is set for trial not less than seven nor more than ten days after the summons is served, and the resident must appear at that trial; if the defendant fails to appear, judgment is entered against the defendant. A response to a dissolution of marriage is filed in District Court and follows the same 30-day Rule 1-004(B)(2) answer time. Answers are filed with the clerk of the court named in the caption of the summons, in paper or by electronic filing under Rule 1-005.2 NMRA, and served on the plaintiff under Rule 1-005 NMRA. The New Mexico Courts self-help website at www.nmcourts.gov is the official source for the answer forms, the fee schedule, and the fee-waiver application (Form 4-222) that defendants need.
Court Resources
New Mexico Courts. Self-help forms library
Judicial-branch self-help page where a self-represented defendant can find the civil answer forms, including Form 4-301 (Answer to Civil Complaint), along with statewide fee and process information.
District Court Civil Response Packet
Official New Mexico Supreme Court self-help packet explaining how a District Court defendant files an answer within 30 days under Rule 1-012, including the caption and certificate-of-service requirements.
Form 4-222 (Application for Free Process and Affidavit of Indigency)
The official application a defendant can file instead of paying court costs, based on indigency, available as a fillable PDF from the New Mexico Courts forms library.
Relevant Laws
Rule 1-004(B)(2) NMRA (30-Day Response to a District Court Complaint)
Directs that the summons tell the defendant to serve a responsive pleading or motion within thirty days after service of the summons, with the answer governed by Rule 1-012 NMRA. This is the standard general civil answer deadline in New Mexico District Court.
Rule 2-302 NMRA (20-Day Magistrate Court Written Response)
Governs the answer in Magistrate Court, New Mexico's statewide forum for smaller civil cases up to $10,000. The official civil summons states that the defendant is required to file a written response to the complaint within twenty days after the summons has been served, and that a default judgment may otherwise be entered.
Rule 3-302 NMRA (20-Day Metropolitan Court Written Response)
Governs the answer in the Bernalillo County Metropolitan Court. The same Supreme Court approved civil summons, used with Rules 2-202 and 3-202 NMRA, requires the defendant to file a written response within twenty days after service. This is shorter than the 30-day District Court window.
NMSA 1978, Section 47-8-43 (Eviction Summons and Appearance)
In an owner's action for possession, the summons states the cause of the complaint and notice that if the defendant fails to appear, judgment shall be entered against the defendant. The trial is set not less than seven nor more than ten days after service of summons, so the eviction obligation is to appear at trial, not to file a counted paper answer.
Rule 1-055(A) and Rule 1-060(B) NMRA (Default Judgment and Setting It Aside)
When a party fails to plead or otherwise defend, the clerk shall enter the party's default under Rule 1-055(A) NMRA, opening the door to a default judgment. A defendant can move to set the default aside under Rule 1-060(B) NMRA within a reasonable time, and not more than one year after the judgment, by showing mistake, inadvertence, surprise, or excusable neglect.
Rule 1-013(A) NMRA (Compulsory Counterclaim)
Requires a defendant to state as a counterclaim any claim against the plaintiff that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim, or lose the right to assert it later. Unrelated claims may be raised as permissive counterclaims.
Regional Variances
Answer deadline by case track in New Mexico
General civil complaint, District Court (Rule 1-004(B)(2) NMRA)
30 calendar days after the summons and complaint are served to file a written answer or other response. This is the default civil deadline in District Court, which hears claims over $10,000.
Magistrate Court (Rule 2-302 NMRA)
20 days after the summons is served to file a written response. Magistrate Court is New Mexico's statewide forum for civil claims up to $10,000, and unlike small claims in many states it does require a written answer, not just an appearance.
Metropolitan Court, Bernalillo County (Rule 3-302 NMRA)
20 days after the summons is served to file a written response. The Metropolitan Court serves Bernalillo County for civil claims up to $10,000 and uses the same 20-day written-response requirement as Magistrate Court.
Eviction / owner's possession action (NMSA 1978, Section 47-8-43)
No counted paper-answer deadline. The court sets a trial not less than seven nor more than ten days after service of summons, and the resident must appear at that trial. If the defendant fails to appear, judgment is entered, so the obligation is to appear, not to file a paper answer.
Divorce / dissolution response (Rule 1-004(B)(2) NMRA)
30 days after service of the petition and summons to file a response in District Court. Missing it can let the dissolution proceed by default.
Which New Mexico court hears your case, by amount
Magistrate Court
Hears civil claims up to $10,000 in most counties and is the statewide small-claims forum. The defendant files a written response within 20 days of service.
Metropolitan Court (Bernalillo County)
Hears civil claims up to $10,000 within Bernalillo County. The defendant files a written response within 20 days of service, the same as Magistrate Court.
District Court
Handles civil cases over $10,000 and dissolution of marriage. A written answer or response is due within 30 days of service. A standard answer generally carries no filing fee, and free process is available on Form 4-222 for those who cannot pay court costs.
Suggested Compliance Checklist
Calculate your response deadline from the date you were served
Day 0 (date of service) days after startingFind the deadline that matches your court. A District Court general civil complaint is due in 30 calendar days under Rule 1-004(B)(2) NMRA. A Magistrate Court or Bernalillo County Metropolitan Court case is due in 20 days under Rule 2-302 or Rule 3-302 NMRA. An eviction is not a paper-answer count: the court sets a trial seven to ten days after service under NMSA 1978, Section 47-8-43, and you must appear at that trial. A dissolution response is due in 30 days. Mark the exact due date on a calendar.
Identify your case track and the correct court
Within 2 days of service days after startingRead the caption on the summons to confirm whether the case is in Magistrate Court (up to $10,000), Metropolitan Court (Bernalillo County, up to $10,000), District Court (over $10,000), an eviction, or a dissolution. The court decides your deadline and how you respond. Confirm the court named in the caption, because that is where your answer must be filed.
Identify your defenses and any counterclaims
Before drafting the answer days after startingList the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, or duress. In debt cases, check the six-year written-contract limitations period under NMSA Section 37-1-3. If you have a claim against the plaintiff from the same transaction or occurrence, you must plead it as a compulsory counterclaim under Rule 1-013(A) NMRA or lose it.
Draft the answer in the correct caption and format
Before the answer deadline days after startingRespond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses and any counterclaims. In Magistrate or Metropolitan Court you can use Form 4-301, the Answer to Civil Complaint. In District Court, type the answer on a pleading with the court, parties, and case number in the caption required by Rule 1-010 NMRA.
File the answer with the clerk of the correct court
On or before the answer deadline days after startingFile with the clerk of the court named in the caption of the summons. Electronic filing is mandatory for attorneys in District Court civil cases under Rule 1-005.2 NMRA, while self-represented defendants may file electronically or in paper with the clerk. A standard answer generally carries no filing fee. In an eviction, be ready by the trial date set in the summons rather than a counted answer day.
Serve the plaintiff and file a certificate of service
With or promptly after filing days after startingServe a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic service if they are on the Service Contact List, then file a certificate of service under Rule 1-005 NMRA. An answer that is filed but not served on the other side can be challenged.
Request free process if you cannot afford court costs
At the time of filing days after startingIf you cannot afford any court costs that apply, file Form 4-222, the Application for Free Process and Affidavit of Indigency, with your response. Submitting the application lets you file on time while the court decides eligibility based on indigency, so a fee question does not push you past your deadline.
Appear at the trial, hearing, or case-management setting
As set by the court days after startingCalendar every date the court sets, including the eviction trial set seven to ten days after service, any Magistrate or Metropolitan Court hearing, and any later District Court setting. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Calculate your response deadline from the date you were served | Find the deadline that matches your court. A District Court general civil complaint is due in 30 calendar days under Rule 1-004(B)(2) NMRA. A Magistrate Court or Bernalillo County Metropolitan Court case is due in 20 days under Rule 2-302 or Rule 3-302 NMRA. An eviction is not a paper-answer count: the court sets a trial seven to ten days after service under NMSA 1978, Section 47-8-43, and you must appear at that trial. A dissolution response is due in 30 days. Mark the exact due date on a calendar. | - | Day 0 (date of service) |
| Identify your case track and the correct court | Read the caption on the summons to confirm whether the case is in Magistrate Court (up to $10,000), Metropolitan Court (Bernalillo County, up to $10,000), District Court (over $10,000), an eviction, or a dissolution. The court decides your deadline and how you respond. Confirm the court named in the caption, because that is where your answer must be filed. | - | Within 2 days of service |
| Identify your defenses and any counterclaims | List the affirmative defenses that fit your facts, such as the statute of limitations, accord and satisfaction, payment, release, fraud, or duress. In debt cases, check the six-year written-contract limitations period under NMSA Section 37-1-3. If you have a claim against the plaintiff from the same transaction or occurrence, you must plead it as a compulsory counterclaim under Rule 1-013(A) NMRA or lose it. | - | Before drafting the answer |
| Draft the answer in the correct caption and format | Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses and any counterclaims. In Magistrate or Metropolitan Court you can use Form 4-301, the Answer to Civil Complaint. In District Court, type the answer on a pleading with the court, parties, and case number in the caption required by Rule 1-010 NMRA. | answer-to-complaint | Before the answer deadline |
| File the answer with the clerk of the correct court | File with the clerk of the court named in the caption of the summons. Electronic filing is mandatory for attorneys in District Court civil cases under Rule 1-005.2 NMRA, while self-represented defendants may file electronically or in paper with the clerk. A standard answer generally carries no filing fee. In an eviction, be ready by the trial date set in the summons rather than a counted answer day. | - | On or before the answer deadline |
| Serve the plaintiff and file a certificate of service | Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by mail, hand delivery, or electronic service if they are on the Service Contact List, then file a certificate of service under Rule 1-005 NMRA. An answer that is filed but not served on the other side can be challenged. | - | With or promptly after filing |
| Request free process if you cannot afford court costs | If you cannot afford any court costs that apply, file Form 4-222, the Application for Free Process and Affidavit of Indigency, with your response. Submitting the application lets you file on time while the court decides eligibility based on indigency, so a fee question does not push you past your deadline. | - | At the time of filing |
| Appear at the trial, hearing, or case-management setting | Calendar every date the court sets, including the eviction trial set seven to ten days after service, any Magistrate or Metropolitan Court hearing, and any later District Court setting. Bring your evidence and a copy of your filed answer. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue. | - | As set by the court |
Frequently Asked Questions
An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. In Magistrate or Metropolitan Court you can use Form 4-301, the Answer to Civil Complaint. In District Court you type the answer on a pleading with the court, parties, and case number in the caption required by Rule 1-010 NMRA, then file it within your deadline and serve the plaintiff.
If you fail to plead or otherwise defend, the clerk shall enter your default under Rule 1-055(A) NMRA, and the court can enter a default judgment for what the complaint requests. You can file a Motion to Set Aside Default Judgment under Rule 1-060(B) NMRA within a reasonable time, and not more than one year after the judgment, by showing mistake, inadvertence, surprise, or excusable neglect. Act quickly, because the judgment is enforceable until it is set aside.
Often yes. Parties commonly agree in writing to extend the response deadline, and you can file a motion asking the court for more time before your deadline passes. Get any extension in writing or on the record, because the clock keeps running until the plaintiff agrees, the court grants more time, or you file your response. In an eviction, the trial date set in the summons controls until the court changes it.
A standard answer without a counterclaim generally carries no filing fee in New Mexico, but if court costs apply you can ask the court to waive them. The request is made on Form 4-222, the Application for Free Process and Affidavit of Indigency, based on inability to pay. If the court grants free process, you can file your response without paying the costs that would otherwise apply.
Yes. Improper service of process is a recognized defense in New Mexico, and you can raise insufficient service or lack of personal jurisdiction by motion or in your answer under Rule 1-012 NMRA. If service was defective, the time to respond may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring it still risks a default judgment.
Common affirmative defenses include the statute of limitations, accord and satisfaction, payment, release, fraud, duress, estoppel, waiver, and discharge in bankruptcy. Under Rule 1-013(A) NMRA, a counterclaim you have against the plaintiff that arises out of the same transaction or occurrence is compulsory and must be stated in your answer, or it is lost. Plead the defenses and counterclaims that fit your facts.
Respond like any civil case: file a timely written answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations on a written contract under NMSA Section 37-1-3 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. Section 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.
A respondent served with a dissolution petition and summons files a response with the clerk of the District Court within 30 days under the Rule 1-004(B)(2) answer time. You file using the New Mexico Courts family law and domestic-relations forms. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.
New Mexico allows a motion to dismiss under Rule 1-012(B) NMRA, which argues the complaint fails to state a claim or that the court lacks jurisdiction. Because the same rule sets the time to respond, a motion to dismiss is filed within your response window and is set for the court to decide. If the court denies it, you then file your answer within the time the court allows.
Other New Mexico guides
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