Rule text
[For use in Magistrate, Metropolitan, and District Courts NMSA 1978, Sections 47-8-33, 47-8-43, 47-8-46, 47-8-47, 47-8-48]
STATE OF NEW MEXICO _______________ COURT _____________________ COUNTY
_______________________________, Plaintiff,
v. No. ____________
_______________________________, Defendant.
JUDGMENT FOR RESTITUTION (Uniform Owner-Resident Relations Act)1
This matter was set for trial on ______________, ________ (date). The plaintiff appeared (in person) (and) (by attorney __________________). The defendant (did not appear) (appeared) (in person) (and) (by attorney __________________). Having heard the evidence and argument presented, the court finds in favor of: [ ] the plaintiff. [ ] the defendant.
IT IS THEREFORE ORDERED:
1. The premises at: __________________________________________________, New Mexico be restored to (plaintiff) (defendant);
2. The rental agreement (is) (is not) terminated;
(check, if applicable, and complete) [] Judgment is entered in favor of (plaintiff) (defendant) for the following amounts:
Rents $ __________________ Damages $ __________________ Attorney's fees $ __________________ Costs $ __________________ TOTAL $ __________________2 Plus ______ % interest per year until the judgment is paid. 3
(check, if applicable, and complete) [] A writ of restitution be issued effective ______________, ______________ (date).4
(check, if applicable, and complete) [] The court further orders __________________ (other relief).
(check, if applicable, and complete) [] A hearing on the issue of damages will be held by this court on ______________, ________ (date) at ________ (a.m.) (p.m.).2
3. If this case is appealed, and the resident wants to stay the eviction pending appeal, the resident shall pay rent in the manner set forth in NMSA 1978, Section 47-8- 47. If the money judgment is appealed, the court sets the appeal bond at $ ________________ (if left blank, the appeal bond is set at zero dollars ($0)).5
Dated: __________________ _________________________________ Judge
USE NOTES
1. This form may also be used for a mobile home park with less than 12 units. See NMSA 1978, Section 47-10-2(C).
2. Use Form 4-701 NMRA if damages are determined at a separate hearing. 3. Interest is calculated at the statutory rate set forth in NMSA 1978, Section 56-8- 4(A), unless the judgment is rendered on a lease having a different rate of interest.
4. Insert a date which is not less than three (3) nor more than seven (7) days from the date of filing of the judgment.
5. Section 47-8-47 provides for a stay of execution upon appeal. If the resident appeals a writ of restitution, the court shall require an escrow to be paid to the owner or into an escrow account with a professional escrow agent within five (5) days after the notice of appeal is filed to stay the execution. If a money judgment is appealed, the court may require a deposit with the court or a supersedeas bond be filed. See Section 47-8-47 for appeals by the plaintiff.
[Rule 4-909 SCRA 1986; as amended, effective September 2, 1997; January 1, 1999; as amended by Supreme Court Order No. 16-8300-033, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. S-1- RCR-2025-00175, effective for all cases pending or filed on or after December 31, 2025.]
Notes
ANNOTATIONS
The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2025-00175, effective December 31, 2025, added the magistrate court to a provision indicating in which court the form may be used, included a provision to list the percentage of interest that will accrue on the judgment until it is paid, and added provisions indicating whether the user wants to stay an eviction pending an appeal and whether the money judgment is appealed, and revised the Use Notes; after "For use in" added "Magistrate", and after "47-8-46" added "47-8-47", after "TOTAL $_____," added "Plus ____% interest per year until the judgment is paid.", and in Paragraph 3, after "If this case is appealed" deleted "the (plaintiff) (defendant) shall ___" and added "and the resident wants to stay the eviction pending appeal, the resident shall pay rent in the manner set forth in NMSA 1978, Section 47-8-47. If the money judgment is appealed, the court sets the appeal bond at $ _____(if left blank, the appeal bond is set at zero dollars ($0)."; in the Use Notes, added new Use Note 3 and redesignated former Use Notes 3 and 4 as Use Notes 4 and 5, respectively; and in Use Note 5, after "require an escrow to be paid" deleted "into the court", and added "to the owner or into an escrow account with a professional escrow agent".
The 2016 amendment, approved by Supreme Court Order No. 16-8300-033, effective December 31, 2016, at the beginning of the form, added "For use in Metropolitan and District Courts".
The 1998 amendment, effective January 1, 1999, substituted "This matter was set" for "This matter came on" near the beginning and in Item 2 of the Order substituted "agreement (is) (is not) terminated" for "agreement is terminated" near the beginning and inserted the footnote 3 designation at the end. The 1997 amendment, effective September 2, 1997, added "for restitution" in the heading, deleted "and against the plaintiff" following "court finds in favor of the plaintiff" and added the alternative for finding for the defendant, added "[defendant]" in Paragraph 1 of the order, substituted "terminated" for "forfeited" in Paragraph 2, added Paragraphs 5, 6, and 7, and added the use notes.