Rule text
[For use with Rules 2-702 and 3-702 NMRA]
STATE OF NEW MEXICO _______________ COURT ________________ COUNTY
_______________________________, Plaintiff,
v. No. __________
_______________________________, Defendant.
MOTION FOR DEFAULT JUDGMENT
Plaintiff requests the court to enter a default judgment, and in support of this request, plaintiff states as follows: [] The Complaint in the above described case was filed on the __________ day of __________________, ________.
[] Service of a copy of the Summons, Complaint, and Answer form in this case were made on defendant(s) on the __________ day of __________________, ________.
[] The defendant(s) _____________, _____________ and _____________ (have) (has) failed to appear or to file an Answer or other responsive pleading to the Complaint.
[] The return of service was filed with this court on the __________ day of _____________, ________.
[] Plaintiff previously has filed or has attached to this motion an affidavit or affirmation regarding the (defendant's) (defendants') military status.1
The Plaintiff requests the court to enter judgment for the following damages, costs, and fees: Damages .................................................. $__________________ Attorneys' fees (if allowable) .................... $__________________ Interest (if allowable) ............................... $__________________ Filing fee .................................................. $__________________ Service fee ............................................... $__________________ Witness fees ............................................ $__________________ Total Judgment ........................................ $__________________ _______________________________________ Attorney for Plaintiff
If the Plaintiff is not represented by an attorney, the Plaintiff must complete the following affirmation.
I, __________________________, affirm under penalty of perjury under the laws of the State of New Mexico that the statements in this motion are true and correct.
Dated: __________________ ________________________________________ Signature of person making affirmation ________________________________________ Printed name of person making affirmation
USE NOTES
1. The plaintiff may fulfill this requirement by completing and filing Form 4-702A NMRA. [As amended by Supreme Court Order No. 16-8300-019, effective for all cases pending or filed on or after December 31, 2016.]
Notes
ANNOTATIONS
The 2016 amendment, approved by Supreme Court Order No. 16-8300-019, effective December 31, 2016, changed the caption of the case; in the section titled "Motion for Default Judgment", in the second box option, after "copy of", added "the", after "in this case", added "were", after "day of ________, ____", deleted "; on the _____ day of ________, ____; and on the ________ day of ________"; in the third box option, after "(have) (has)", deleted "not entered an appearance or filed" and added "failed to appear or to file"; added the fifth box option; in the list of damages, costs and fees, after the "Service fee" line, deleted the "Return fee" line; after the "Attorney for Plaintiff" signature line, after "If the Plaintiff is not represented by an attorney", deleted "this motion must be sworn to by the plaintiff" and added "the Plaintiff must complete the following affirmation"; rewrote the affirmation provision; and added the Use Note.