4-704.

[For use with Magistrate Court Rule 2-702 NMRA

and Metropolitan Court Rule 3-702 NMRA]

STATE OF NEW MEXICO

COUNTY OF _______________

___________________ COURT

No. __________

________________________________, Plaintiff

v.

________________________________, Defendant

MOTION TO SET ASIDE DEFAULT JUDGMENT

The undersigned asks that the court set aside default judgment dated ______________________, _____, and states:

This motion is filed within thirty (30) days from date of judgment; and

No appeal has been taken from the judgment; and

Undersigned has a defense to present; and

My excuse for being in default is:

_______________________________________________________

_______________________________________________________

______________________________________________________.

____________________________

(Plaintiff) (Defendant)

Date: ______________________

CERTIFICATE OF SERVICE¹

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 NOTE

1.         A copy of this motion must be served on the other party or attorney for the other party.

[As amended, effective March 21, 2005.]