New Mexico Forms Library
Decision Information
Rule Set 2 - Rules of Civil Procedure for the Magistrate Courts - cited by 501 documents
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 702 documents
Decision Content
4-704. Motion to set aside default judgment.
[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 SERVICE
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 _________ (a.m.) (p.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
A copy of this motion must be served on the other party or attorney for the other party.
[As amended by Supreme Court Order No. 05-8300-005, effective March 21, 2005.]