Rule text
[For use with District Court Civil Rule 1-004 NMRA]
STATE OF NEW MEXICO COUNTY OF ___________________________ ___________________ JUDICIAL DISTRICT _____________________________________, Plaintiff
v. No. ____________
_____________________________________, Defendant
MOTION FOR SERVICE BY PUBLICATION
_____________________________, the plaintiff states that after diligent inquiry and search efforts, plaintiff has been unable to serve process on the above-named defendant personally and the following diligent efforts were made to locate and serve the above-named defendant personally with a summons and complaint:
(Check each method of service attempted and complete applicable blank spaces.)
[] personal service;
[] service at the defendant's last known residential address by ____________________ (name of person attempting service);
[] service by mail or courier service pursuant to Paragraph F of Rule 1-004 NMRA;
[] service at the defendant's last known business address;
[] service at the address listed at the motor vehicle division for the defendant's driver's license;
[] service at the address listed in the last telephone directory listing for the following city or county: ________________________ (list cities and counties);
[] a search of the records of the following courts ___________________________ (list courts);
[] _________________________________ (describe other attempts to locate defendant);
[] contacted the post office for the zip code of the last known address of the defendant and there was no forwarding address;
[] _________________________________ (describe other attempts to locate and serve the defendant).
I state upon my oath or affirmation that this document and the statements in it are true and correct to the best of my information and belief. Date:_________________________ _________________________________ Signature of plaintiff STATE OF NEW MEXICO ) ) ss COUNTY OF____________ )
Signed and sworn to before me this ___________________ day of __________________, __________. _____________________________________________ Notary
CERTIFICATE OF SERVICE
I hereby certify that on this ______ day of _______________, _______ this motion was [mailed by United States mail, postage prepaid, and addressed to:
Name: __________________________________________________________________ __________________________________________________________________ Address: __________________________________________________________________ City, state and zip code: _________________________________________________________]
[faxed by ________________________ (name of person who faxed) to _________________ (defendant or defendant's attorney). The transmission was reported as complete and without error. The time and date of the transmission was _________ (a.m.) (p.m.) on _________________________ (date).] [e-mailed by _________________________ (name of person who transmitted) to ___________________ at ____________________ (electronic address of recipient) who agreed to service in this manner. The transmission was successful. The time and date of the transmission was ________________ (a.m.) (p.m.) on _____________________ (date).]
________________________________________ Signature of attorney
________________________________________ Date of signature
If this motion was served by a person other than an attorney, the following must also be completed and filed with the court:
AFFIDAVIT OF SERVICE
I declare under penalty of perjury that a copy of this motion was served by [mail] [fax] [electronic transmission] as described above on this ______ day of _____________________, ____________. _____________________________________________ Signature of person who made service Subscribed and sworn to before me this ______ day of __________________, ________.
_____________________________________ Judge, notary or other officer authorized to administer oaths
_____________________________________ Official title
_____________________________________ Signature
_____________________________________ Date of signature
USE NOTES
This form was prepared for service by publication. It is used in conjunction with Form 4-209A or 4-210B NMRA.
[Provisionally approved, effective August 15, 2003 until August 31, 2004; approved, October 14, 2004.]