4-305

[For use with Magistrate Court Rule 2-305 and

Metropolitan Court Rule 3-305]

STATE OF NEW MEXICO

COUNTY OF _______________

___________________ COURT

                                                                                                            No. __________

________________________________, Plaintiff

v.

________________________________, Defendant

NOTICE OF DISMISSAL OF COMPLAINT¹

            Plaintiff hereby dismisses plaintiff's complaint without prejudice.

______________________________________

Plaintiff or attorney for plaintiff

CERTIFICATE OF SERVICE²

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 _________ (p.m.) (a.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

1.         This form may not be used if the defendant has filed an answer or other responsive pleading. Civil Form 4-306A NMRA is used if the defendant has filed an answer or other responsive pleading.

2.         This request must be served on all other parties pursuant to Rule 2-203 NMRA or Rule 3-203 NMRA. See also Rule 2-307 NMRA for how motions are presented to the court.

[As amended, effective November 1, 2000; March 21, 2005.]