4-206. Summons.

[1-004]

STATE OF NEW MEXICO

COUNTY OF __________________________

___________________ JUDICIAL DISTRICT

                                                                                                            No. ____________

_____________________________, Plaintiff

v.

_____________________________, Defendant

SUMMONS

THE STATE OF NEW MEXICO

TO:     ______________________________________, Defendant

ADDRESS:    ______________________________________________

            You are required to serve upon ________________________ (name of plaintiff or plaintiff's attorney) an answer or motion in response to the complaint which is attached to this summons within thirty (30) days after service of this summons upon you, exclusive of the day of service, and file your answer or motion with the court as provided in Rule 1-005 NMRA.

            If you fail to file a timely answer or motion, default judgment may be entered against you for the relief demanded in the complaint.

Attorney or attorneys for plaintiff:

_____________________________________

Address and telephone number of attorneys for

plaintiff (or of plaintiff, if no attorney):

_____________________________________

(Street or P.O. box)

_____________________________________

(City, state and zip code)

_____________________________________

(Telephone number)

            WITNESS the Honorable _______________________, district judge of the _________________ judicial district court of the State of New Mexico, and the seal of the district court of ____________ County, this ____ day of _____________, ______.

            ____________________________

            Clerk of court

            By _________________________

            Deputy

Dated: ____________________

RETURN1

STATE OF NEW MEXICO)

            )ss

COUNTY OF __________)

I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in ______________ county on the _____ day of ______________, _____, by delivering a copy of this summons, with a copy of complaint attached, in the following manner:

(check one box and fill in appropriate blanks)

[ ]        to the defendant ____________________ (used when defendant accepts a copy of summons and complaint or refuses to accept the summons and complaint)

[ ]        to the defendant by [mail] [courier service] as provided by Rule 1-004 NMRA (used when service is by mail or commercial courier service).

After attempting to serve the summons and complaint on the defendant by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of complaint attached, in the following manner:

[ ]        to _________________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant _________________, (used when the defendant is not presently at place of abode) and by mailing by first class mail to the defendant at __________________ (insert defendant's last known mailing address) a copy of the summons and complaint.

[ ]        to ______________________, the person apparently in charge at the actual place of business or employment of the defendant and by mailing by first class mail to the defendant at _____________________ (insert defendant's business address) and by mailing the summons and complaint by first class mail to the defendant at __________________ (insert defendant's last known mailing address).

[ ]        to _______________________, an agent authorized to receive service of process for defendant ___________________________.

[ ]        to __________________, [parent] [guardian] [custodian] [conservator] [guardian ad litem] of defendant _____________________ (used when defendant is a minor or an incompetent person).

[ ]        to __________________________ (name of person), _________________________, (title of person authorized to receive service. Use this alternative when the defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).

Fees: ___________________________

            __________________________________

            Signature of person making service

            __________________________________

            Title (if any)

Subscribed and sworn to before me this _____ day of ____________, _____2

______________________________

Judge, notary or other officer

authorized to administer oaths

______________________________

Official title

USE NOTES

1.         Unless otherwise ordered by the court, this return is not to be filed with the court prior to service of the summons and complaint on the defendant.

2.         If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of the sheriff or deputy sheriff need not be notarized.