Service of Process Requirements in New Mexico

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According to the New Mexico Rules of Civil Procedure, if you file a lawsuit or other legal document you have a duty to provide the defendant with a copy of the filed document. Referred to as service of process, this procedure ensures that the defendant receives actual notice of the pending legal action. In addition, it may be necessary for the defendant to respond to the initial filing, and providing the defendant with notice helps the defendant file a timely response. Failure to serve the defendant with all filed documents can result in the court dismissing your lawsuit. Therefore, it is very important to follow the correct procedure when completing service in New Mexico.

In New Mexico, anyone over the age of 18 and not a party to the action can act as a process server. A process server arranges service of process, meaning the process server delivers the documents to the defendant. There are several methods of serving the defendant in New Mexico. For example, the process server can personally serve the defendant, meaning the process server physically hands the defendant a copy of the documents. In addition, the state of New Mexico recognizes service by mail as a proper method of accomplishing service in certain instances. If you serve the defendant by mail, the process server must mail a copy of the documents to the defendant at the defendant’s place of residence.

However, if the process server is unable to serve the defendant using personal service, the process server may use substituted service. Substituted service allows the process server to leave the documents at the defendant’s home, with an individual that is over 15 years of age. The individual must also reside at the property. In addition, the process server must make it clear to the individual that the documents are legal documents and, therefore, the delivery of the documents is essential. If substituted service is utilized, New Mexico requires the process server to follow up with a mailing of the documents to the same address where the process server accomplished substituted service.

After the process server completes service, the process server will fill out a proof of service. The proof of service describes the date, place, time and method the process server accomplished service. If the process server accomplished service through substituted service, the process server must indicate the individual’s name, or a detailed physical description of the individual that accepted service on the defendant’s behalf. In addition, if the process server is not a sheriff or a deputy sheriff of a New Mexico county, the proof of service must be notarized.  Usually, this document must be filed with the court prior to your first appearance. The proof of service provides evidence to the court of the defendant’s knowledge of the legal action. If the defendant fails to respond to the legal action or appear in court, the proof of service provides evidence to the court of the defendant’s notice of the pending action. An example of a proof of service form is available online http://nmsupremecourt.nmcourts.gov/legal-forms/pdfs/DistCV/4-206.pdf.

If you have any additional questions or concerns regarding how to complete service in New Mexico, contact the New Mexico court in your county, or visit the New Mexico Courts’ website http://www.nmcourts.gov/index.php.