STATE OF NEW MEXICO
_____________________ COURT
_____________________ COUNTY

_____________________, Plaintiff

v.

ADDRESS: ___________________________________________________

GREETINGS:

    This summons notifies you that a complaint has been filed against you. A copy of the complaint and an answer form2 are attached to this summons. You are required to serve and file an answer to the complaint, or a responsive pleading, within TWENTY (20) DAYS AFTER THE SUMMONS HAS BEEN SERVED ON YOU. You must file the answer or responsive pleading with the clerk of the (Magistrate) (Metropolitan) Court and you must serve a copy of the answer or responsive pleading on the opposing party.

     IF YOU DO NOT FILE AND SERVE AN ANSWER OR RESPONSIVE PLEADING WITHIN THE TWENTY (20) DAY PERIOD, A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT.

(The following paragraph is for use only if summons issued by the Metropolitan Court.)

    IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, YOU MUST REQUEST IT PRIOR TO THE BEGINNING OF THE PROCEEDING. IF YOU DO NOT ASK FOR A TAPE RECORDING, YOU WILL NOT HAVE A RECORD OF THE PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR ANY APPEAL.

    Your answer must be filed with the court which is located at: ______________________ (street address of court)

    A copy of your answer or responsive pleading must be mailed to: (name and address of plaintiff or plaintiff's attorney)

    Name: ______________________________________

    Address: _____________________________________
    ______________________________________________

                    __________________________
                    Clerk

STATE OF NEW MEXICO )
                 )    ss
COUNTY OF _____________)

(complete the following, unless service by sheriff or deputy)3
I, being sworn, 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, a copy of the complaint and an answer (indicate below how served):

(complete if service by sheriff or deputy)3
I certify that I served this summons in __________________ county on the ____ day of ________________, _____, by delivering a copy of this summons, a copy of the complaint and an answer form in the following manner:

    __________________________________________________
    __________________________________________________

(person serving summons must check one box and fill in appropriate blanks)

[ ]    by delivering a copy of this summons, a copy of the complaint and an answer form to the defendant, _____________________ (used when defendant receives copy of summons or refuses to receive summons).

[ ]    by delivering a copy of this summons, a copy of the complaint and an answer form to _________________, a person over fifteen (15) years of age and residing at the usual place of abode of the defendant, _________________, located at _______________________________ (address). (used when defendant is not presently at the abode.)

[ ]    by posting a copy of the summons, complaint and an answer form in the most public part of the usual place of abode of ___________________ (name of defendant) located at ________________ (address) (used if no person found at dwelling house or usual place of abode).

    (If service is by posting a copy of the summons, complaint and an answer form must also be mailed to the person served. The person serving by posting and the person serving by mail must each sign a return. The person mailing must check and complete the certificate of mailing at the end of this summons.)

[ ]    by delivering a copy of this summons, a copy of the complaint and an answer form to _________________, an agent authorized to receive service of process for defendant.

[ ]    by delivering a copy of this summons, a copy of the complaint and an answer form to _______________, (parent) (guardian) (custodian) of defendant (used when defendant is a minor or an incompetent person).

[ ]    by delivering a copy of this summons, a copy of the complaint and an answer form to ______________________ (name of person), ___________________, (title of person authorized to receive service) (used when 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).

[ ]    by service by mail.

Fees:    _____________________

                ____________________________________
                Signature of person making service

                ____________________________________
                Title (if any)

Subscribed and sworn to
before me this _____
day of ______________, _______
______________________________
Judge, notary or other officer
authorized to administer oaths3

______________________________

Official title

(To be completed if service is made by posting)4

I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served a copy of this summons on the ____ day of _______________, _____, by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, and an answer form to:

    __________________________ (name of person served)

    __________________________ (address where mailed)

    __________________________ (county)

    __________________________ (city, state and zip code)

                ____________________________________
                Signature of person making service

                ____________________________________
                Title (if any)

                ____________________________________
                Place of mailing

                ____________________________________
                Date

Subscribed and sworn to
before me this _____
day of ______________, _______
______________________________
Judge, notary or other officer
authorized to administer oaths3

______________________________
Official title

(To be completed if service is made by mail.)5

I, being sworn, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served a copy of this summons on the ____ day of _______________, _____, by mailing first class mail, postage prepaid, a copy of this summons, a copy of the complaint, an answer form and two copies of the notice and acknowledgement and a return envelope, postage prepaid, addressed to:

    __________________________ (name of person served)
    __________________________ (address where mailed)
    __________________________ (county)
    __________________________ (city, state and zip code)

                ____________________________________
                Signature of person making service

                ____________________________________
                Title (if any)

                ____________________________________
                Place of mailing

                ____________________________________
                Date

Subscribed and sworn to before me
this _____ day of _______________,
______.

______________________________
Judge, notary or other officer
authorized to administer oaths

______________________________
Official title3

    1.    A separate summons must be used for each defendant.

    2.    An answer form must be attached to the summons at the time of service. For answer forms, see Rules 4-301 and 4-302 NMRA.

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

    4.    For use when service is by posting.

    5.    If service is by mail, Civil Form 4-208 must be completed and mailed with this summons.

[As amended, effective January 1, 1987; January 1, 1990; July 1, 1990; October 1, 1991; January 1, 1993; May 1, 1994; September 2, 1997.]