Rule text
[For use with Magistrate Court Rule 2-702 NMRA and Metropolitan Court Rule 3-702 NMRA]
STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT
No. __________
_____________________________, Plaintiff
v. _____________________________, Defendant
MOTION TO SET ASIDE DEFAULT JUDGMENT
The undersigned asks that the court set aside default judgment dated ______________________, _____, and states:
This motion is filed within thirty (30) days from date of judgment; and
No appeal has been taken from the judgment; and
Undersigned has a defense to present; and
My excuse for being in default is:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(Plaintiff) (Defendant)
Date: ______________________
CERTIFICATE OF SERVICE
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
A copy of this motion must be served on the other party or attorney for the other party.
[As amended by Supreme Court Order No. 05-8300-005, effective March 21, 2005.]
Notes
ANNOTATIONS
The 2005 amendment, effective March 21, 2005, of this form added the certificate of service at the end of the form and substituted "motion must be served on" for "mailed or delivered to" in Use Note.
Cross references. -- For rule governing computation of time, see Rules 2-104 and 3- 104 NMRA.