Form 4-301 NMRA. — Answer to civil complaint.

[For use with Magistrate Court Rule 2-302 NMRA and Metropolitan Court Rule 3-302 NMRA]

STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT

No. ____________ _____________________________, Plaintiff

v.

_____________________________, Defendant

ANSWER TO CIVIL COMPLAINT1

1. The Plaintiff is not entitled to the amount claimed because:

______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________.

or

1. The personal property claimed by Plaintiff should not be turned over to Plaintiff because:

_____________________________________________________________________ _____________________________________________________________________.

2. (If applicable) Defendant asserts the following counterclaim or set-off against Plaintiff:

_____________________________________________________________________ _____________________________________________________________________.

3. Trial by jury is (not) demanded. (If Plaintiff has already demanded trial by jury, as indicated in the complaint, a jury will be provided automatically and you need not fill in this item. If Plaintiff has not demanded trial by jury, you may do so here, but if you do you must pay an additional cost upon filing this answer.)

Dated: ____________________

________________________________________ Signed

________________________________________ Name (print)

________________________________________ Address (print)

________________________________________ City, state and zip code (print) ________________________________________ Telephone number

CERTIFICATE OF SERVICE2

I hereby certify that on this ____ day of ______________, ______ this ______________ (insert paper served, such as "answer" or "notice") was

[mailed by United States first class mail, postage prepaid, and addressed to:

Name: __________________________________________________________________ Address: __________________________________________________________________ City, State __________________________________________________________________ and zip code: __________________________________________________________________]

[faxed by ________________________ (name of person who faxed document) to ______________________ (name of recipient) at _________________ (telephone number). The transmission was reported as complete. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).]

[e-mailed to ______________________ (name of party or attorney) at _________________ (electronic mail address of recipient) upon agreement of the party to accept electronic service. The transmission was reported as complete. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).]

[delivered to __________________________ (Specify how service by delivery was made. See Use Note 1 for the methods service may be made using this alternative) ________________________________________________:]

________________________________ Signature of person sending paper ________________________________ Date of signature

USE NOTES

1. This Answer must be filed with the court on or before the date set in the Summons.

2. This request must be served on all other parties pursuant to Rule 2-203 NMRA or Rule 3-203 NMRA. See also Rule 2-307 NMRA for how motions are presented to the court. [As amended, effective January 1, 1995; as amended by Supreme Court Order No. 05- 8300-005, effective March 21, 2005.]