Rule text
[For use with Magistrate Court Rule 2-305 and Metropolitan Court Rule 3-305]
STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT
No. ____________
_____________________________, Plaintiff
v.
_____________________________, Defendant
NOTICE OF DISMISSAL OF COMPLAINT1
Plaintiff hereby dismisses plaintiff's complaint without prejudice.
______________________________________ Plaintiff or attorney for plaintiff
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 form may not be used if the defendant has filed an answer or other responsive pleading. Civil Form 4-306A NMRA is used if the defendant has filed an answer or other responsive pleading.
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 November 1, 2000; as amended by Supreme Court Order No. 05-8300-005, effective March 21, 2005.]
Notes
ANNOTATIONS
The 2005 amendment, effective March 21, 2005, added the certificate of service at the end of the form and Use Note 2. The 2000 amendment, effective November 1, 2000, made a gender neutral change; deleted the entry for approval by the judge for dismissal without prejudice and added the Use Note.