New Mexico > Statewide > Civil
Summons 4-206 - New Mexico
| Summons Form. This is a New Mexico form and can be used in Civil Statewide . |
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4-206. Summons. [For use with Rule 1-004 NMRA in the District Court] STATE OF NEW MEXICO COUNTY OF __________________________ ___________________ JUDICIAL DISTRICT _____________________________, Plaintiff v. _____________________________, Defendant No. __________ SUMMONS THE STATE OF NEW MEXICO TO: ______________________________________, Defendant ______________________________________________ ADDRESS: You are required to serve upon ________________________ (name of plaintiff or plaintiff's attorney) an answer or motion in response to the complaint which is attached to this summons within thirty (30) days after service of this summons upon you, exclusive of the day of service, and file your answer or motion with the court as provided in Rule 1-005 NMRA. If you fail to file a timely answer or motion, default judgment may be entered against you for the relief demanded in the complaint. Attorney or attorneys for plaintiff: _____________________________________ Address and telephone number of attorneys for American LegalNet, Inc. www.FormsWorkFlow.com plaintiff (or of plaintiff, if no attorney): _____________________________________ (Street or P.O. box) _____________________________________ (City, state and zip code) _____________________________________ (Telephone number) WITNESS the Honorable _______________________, district judge of the _____________ _________________ judicial district court of the State of New Mexico, and the seal of the district court of ____________ County, this ____ day of _____________, ______. ____________________________ Clerk of court By _________________________ Deputy Dated: ____________________ RETURN1 STATE OF NEW MEXICO ) ) ss COUNTY OF ___________ ) I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in ______________ county on the _____ day of ______________, _____, by delivering a copy of this summons, with a copy of complaint 2 American LegalNet, Inc. www.FormsWorkFlow.com attached, in the following manner: (check one box and fill in appropriate blanks) [] to the defendant ____________________ (used when defendant accepts a copy of summons and complaint or refuses to accept the summons and complaint) [] to the defendant by [mail] [courier service] as provided by Rule 1-004 NMRA (used when service is by mail or commercial courier service). After attempting to serve the summons and complaint on the defendant by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of complaint attached, in the following manner: [] to _________________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant _________________, (used when the defendant is not presently at place of abode) and by mailing by first class mail to the defendant at __________________ (insert defendant's last known mailing address) a copy of the summons and complaint. [] to ______________________, the person apparently in charge at the actual place of business or employment of the defendant and by mailing by first class mail to the defendant at _____________________ (insert defendant's business address) and by mailing the summons and complaint by first class mail to the defendant at __________________ (insert defendant's last known mailing address). [] to _______________________, an agent authorized to receive service of process for defendant ___________________________. 3 American LegalNet, Inc. www.FormsWorkFlow.com [] to __________________, [parent] [guardian] [custodian] [conservator] [guardian ad litem] of defendant _____________________ (used when defendant is a minor or an incompetent person). [] to __________________________ (name of person), _________________________, (title of person authorized to receive service. Use this alternative when the defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision). Fees: ___________________________ __________________________________ Signature of person making service __________________________________ Title (if any) Subscribed and sworn to before me this _____ day of ____________, _______.2 ______________________________ Judge, notary or other officer authorized to administer oaths ______________________________ Official title USE NOTES 1. Unless otherwise ordered by the court, this return is not to be filed with the court prior to service of the summons and complaint on the defendant. 4 American LegalNet, Inc. www.FormsWorkFlow.com 2. If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of the sheriff or deputy sheriff need not be notarized. [Adopted effective August 1, 1988; as amended by Supreme Court Order No. 05-8300-01, effective March 1, 2005; by Supreme Court Order No. 07-8300-16, effective August 1, 2007.] 5 American LegalNet, Inc. www.FormsWorkFlow.com
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