Rule 3-701 NMRA. — Judgments; costs.

A. Definition; form. "Judgment," as used in these rules, includes a decree and any order from which an appeal lies. A judgment should not contain a recital of pleadings or the record of prior proceedings.

B. Judgment on multiple claims or involving multiple parties. If an action presents more than one claim for relief, whether as a claim, counterclaim, crossclaim, or third-party claim, or when multiple parties are involved in an action, the court may enter a final judgment on one or more, but fewer than all, claims or parties only if the court expressly finds that there is no just reason for delay. If the court does not make a finding of no just reason for delay, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties does not end the action for any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims.

C. Entry of judgment. After the trial, the court shall enter a written judgment in accordance with the jury's verdict or, if the trial was without a jury, in accordance with the court's decision. The court may direct counsel for any party to prepare the judgment. If a setoff or a counterclaim is established by the defendant, the amount of the setoff or counterclaim shall be offset against any sum owed the plaintiff and judgment shall be entered accordingly.

D. Demand for judgment. A judgment by default shall not be different in kind from, or exceed in amount, that claimed in the complaint. Except for a default judgment, each final judgment shall grant the relief sought by the party in whose favor judgment is rendered, even if the party has not demanded the relief in the party's pleadings. E. Costs. Any docket fee, filing fee (including an electronic filing and service fee), jury fee, or copying fee paid by the prevailing party to the court shall be awarded to the prevailing party against the losing party. The court may award any fees actually paid by the prevailing party for service of the complaint, summons and subpoenas, and for attendance of witnesses, including expert witnesses. No costs or fees shall be taxed against the state, its officers, and its agencies. Expert witness fees for any case shall not exceed five hundred dollars ($500), plus the fee for per diem expenses provided by NMSA 1978, Section 10-8-4(A) for nonsalaried public officers attending a board or committee meeting and the mileage provided by NMSA 1978, Section 10-8-4(D). The fee for per diem expenses shall not be prorated.

[As amended, effective January 1, 1995; 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.]