Rule text
A. Pleadings. There shall be a complaint and, if the defendant wishes to contest the plaintiff's claim in any way, an answer. The answer may assert a counterclaim or a setoff. If a counterclaim is filed, a reply shall be filed and served on each party within twenty (20) days. The complaint may interplead two (2) or more persons who have or may have a claim to funds owed by the plaintiff.
B. Joinder of claims. A party asserting a claim for relief may join either as independent or as alternate claims as many claims as the party may have against an opposing party.
C. Permissive joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of related transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them, jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or related series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.
D. Third-party practice. Within ten (10) days after service of a defendant's answer on the plaintiff, a defendant may file a third-party complaint against any person who is or may be liable to the defendant for all or part of the plaintiff's claim against the defendant. A third-party complaint shall be served on the third-party defendant in the manner provided by Rule 2-202 NMRA. A copy of the third-party complaint shall be served on all other parties under Rule 2-203 NMRA, Rule 2-204 NMRA, or Rule 2-205 NMRA. On motion and hearing the court may permit a defendant to file a third-party complaint at any time prior to trial.
E. Interpleader. Persons having claims for funds against the plaintiff may be named as defendants and required to adjudicate their claims for the funds when their claims are such that the plaintiff is or may be exposed to double or multiple liability. A defendant exposed to similar liability for funds may adjudicate the right to funds by thirdparty complaint, cross-claim, or counterclaim. Any person who is named as a defendant or third-party defendant under this paragraph shall file an answer within the time set forth in these rules, setting forth the facts and circumstances giving rise to the person's claim and why the person is entitled to the funds owed by the plaintiff. The disposition of the proceedings shall be binding on all parties to the action on whom service has been made.
F. Separate trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of any other party against whom the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice.
G. Exhibits. An exhibit to a pleading is a part thereof for all purposes.
H. Signing of pleadings. Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion, or other paper and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of a party or attorney constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer's knowledge, information, and belief there is good ground to support it; and that it is not filed to delay the proceedings. If a pleading, motion, or other paper is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false, and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. For a willful violation of this rule an attorney or party may be subjected to appropriate disciplinary or other action. Similar action may be taken if scandalous or indecent matter is inserted. A "signature" means an original signature, a copy of an original signature, a computer generated signature, or any other signature otherwise authorized by law.
I. Unsworn affirmations under penalty of perjury. Any written statement in a pleading, paper, or other document that is not notarized shall have the same effect in a court proceeding as a notarized written statement, provided that the statement includes the following:
(1) the date that the statement was given;
(2) the signature of the person who gave the statement; and
(3) a written affirmation under penalty of perjury under the laws of the State of New Mexico that the statement is true and correct.
[As amended, effective October 1, 1987; October 1, 1992; January 1, 1997; December 17, 2001; March 21, 2005; as amended by Supreme Court Order No. 15-8300-017, effective for all cases pending or filed on or after December 31, 2015; as amended by Supreme Court Order No. 17-8300-024, effective for all cases pending or filed on or after December 31, 2017.]
Notes
Committee commentary. -- New Mexico has enacted an Electronic Authentication Documentation Act which provides for the Secretary of State to register electronic signatures using the public key technology. See NMSA 1978, Section 14-15-4.
A new Paragraph I was added in 2017 for consistency with the 2014 amendments to Rule 1-011 NMRA of the Rules of Civil Procedure for the District Courts and Rule 23- 115 NMRA of the Supreme Court General Rules, which both provide that an unsworn, written affirmation has the same effect in a court proceeding as a notarized written statement as long as the affirmation satisfies the enumerated requirements.
[As amended by Supreme Court Order No. 15-8300-017, effective for all cases pending or filed on or after December 31, 2015; amended by Supreme Court Order No. 17-8300- 024, effective for all cases pending or filed on or after December 31, 2017.]
ANNOTATIONS
The 2017 amendment, approved by Supreme Court Order No. 17-8300-024, effective December 31, 2017, provided for electronic service of certain pleadings, provided that certain unsworn, written affirmations in a pleading have the same effect in a court proceeding as notarized written statements, made certain technical revisions to the rule, and revised the committee commentary; in Paragraph D, after "Rule 2-202 NMRA", deleted "of these rules", after "Rule 2-203", deleted "2-203.1 or" and added "Rule", and after "2-204 NMRA", added "or Rule 2-205 NMRA" and deleted "of these rules"; and added Paragraph I.
The 2015 amendment, approved by Supreme Court Order No. 15-8300-017, effective December 31, 2015, removed duplicate language in the rule and made stylistic changes; in Paragraph D, after "all other parties", deleted "pursuant to" and added "under"; in Paragraph E, after "third-party defendant", deleted "pursuant to" and added "under"; in Paragraph F, after "inclusion of", deleted "a" and added "any other", after "whom", deleted "he" and added "the party", and after "no claim against", deleted "him" and added "the party"; and in Paragraph H, after "pleader or movant", deleted "The signature of a party or attorney constitutes a certificate by the signer that the signer has read the pleading, motion or other paper; that to the best of the signer's knowledge, information and belief, there is good ground to support it; and that it is not filed to delay the proceedings. If a pleading, motion or other paper is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served. If a pleading motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant." The 2005 amendment, effective March 21, 2005, revised Paragraph A to require a reply to be served on each party within 20 days if a counterclaim is filed, rewrote Paragraph D, substituted "claims for funds against the plaintiff" for "claims for funds against a third party" in the first sentence of Paragraph E, deleted Paragraph G, relating to motions, redesignated former Paragraphs H and I as Paragraphs G and H, added the first three sentences of redesignated Paragraph H.
The 2001 amendment, effective December 17, 2001, substituted "why" for "any" following "person's claim and" in the third sentence of Paragraph E; and rewrote Paragraph I, expanding its scope to include pleadings, motions, and other papers and adding the third and fourth sentences.
The 1997 amendment, effective January 1, 1997, added the last sentence in Paragraph I defining "signature".
The 1992 amendment, effective October 1, 1992, added present Paragraphs B and C, redesignated former Paragraphs B and C as present Paragraphs D and E, added present Paragraph F, and redesignated former Paragraphs D to F as present Paragraphs G to I.
Cross references. -- For motions rule, see Rule 2-307 NMRA.
For rule comparable to Paragraph H of this rule, see Rule 1-011 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. -- 56 Am. Jur. 2d Motions, Rules, and Orders § 1; 61A Am. Jur. 2d Pleading §§ 1 to 4; 61B Am. Jur. 2d Pleading §§ 881, 888 to 898.
Sufficiency of verification of pleading by person other than party to action, 7 A.L.R. 4
Perjury in verifying pleadings, 7 A.L.R. 1283.
Setting up counterclaim, setoff or recoupment in reply, 42 A.L.R. 564.
Necessity and sufficiency of reply to answer pleading statute of limitations, 115 A.L.R. 755.
Motion to strike pleading, appealability of order entered on, 1 A.L.R.2d 422.
Claim barred by limitation as subject of setoff, counterclaim, recoupment, cross bill or cross action, 1 A.L.R.2d 630.
Dismissal of action for failure or refusal of plaintiff to obey court order, 4 A.L.R.2d 348, 56 A.L.R.3d 1109, 27 A.L.R.4th 61, 32 A.L.R.4th 212, 3 A.L.R.5th 237. Effect of nonsuit, dismissal or discontinuance of action on previous orders, 11 A.L.R.2d 1407.
Right to punish for contempt for failure to obey court order or decree either beyond power or jurisdiction of court or merely erroneous, 12 A.L.R.2d 1059.
Appealability of order granting or denying right of intervention, 15 A.L.R.2d 336.
Pretrial conference, binding effect of court's order entered after, 22 A.L.R.2d 599.
Necessity that trial court give parties notice and opportunity to be heard before ordering new trial on its own motion, 23 A.L.R.2d 852.
Judgment on the pleadings, court's power, on motion for, to enter judgment against movant, 48 A.L.R.2d 1175.
Judgment on the pleadings, proper procedure and course of action by trial court, where both parties move for, 59 A.L.R.2d 494.
Statute of limitations, raising defense by motion for judgment on pleadings, 61 A.L.R.2d 300.
Litigant's pleading to the merits, after objection to jurisdiction of person made under special appearance or the like has been overruled, as waiver of objection, 62 A.L.R.2d 937.
Counsel's right, in summation in civil case, to point out inconsistencies between opponent's pleading and testimony, 72 A.L.R.2d 1304.
Prejudicial effect of judge's disclosure to jury of motions or proceedings in chambers in civil case, 77 A.L.R.2d 1253.
Summary judgment, propriety of entering for plaintiff before defendant files or serves answer to complaint or petition, 85 A.L.R.2d 825.
Independent venue requirements as to cross-complaint or similar action by defendant seeking relief against a codefendant or third party, 100 A.L.R.2d 693.
Proceeding for summary judgment as affected by presentation of counterclaim, 8 A.L.R.3d 1361.
Right to voluntary dismissal of civil action as affected by opponent's motion for summary judgment, judgment on the pleadings or directed verdict, 36 A.L.R.3d 1113.
Dismissal of state court action for failure or refusal of plaintiff to answer written interrogatories, 56 A.L.R.3d 1109. 71 C.J.S. Pleading §§ 63 to 210.