Rule 1-001 NMRA
Rule 1-001. Scope of rules; definitions.
A. Scope. These rules govern the procedure in the district courts of New Mexico in
all suits of a civil nature whether cognizable as cases at law or in equity except to the
extent that the New Mexico Rules of Evidence are inconsistent herewith. Except where
these rules explicitly provide otherwise, these rules do not apply where there are
contrary statutory provisions concerning special statutory or summary proceedings.
These rules shall be subject to the provisions of Rule 23-114 NMRA, the rule governing
free process for civil cases. These rules shall be construed and administered to secure
the just, speedy and inexpensive determination of every action.
B. Definitions. As used in these rules and the civil forms approved for use with
these rules:
(1)
"defendant" includes a respondent;
(2)
"plaintiff" includes a petitioner;
(3)
"process" is the means by which jurisdiction is obtained over a person to
compel the person to appear in a judicial proceeding and includes a:
(a) summons and complaint;
(b) summons and petition;
(c) writ or warrant; and
(d) mandate; and
(4)
"service of process" means delivery of a summons or other process in the
manner provided by Rule 1-004 NMRA of these rules.
C. Title. These rules shall be known as the Rules of Civil Procedure for the District
Courts.
D. Citation form. These rules shall be cited by set and rule number of the New
Mexico Rules Annotated, "NMRA", as in Rule 1-____ NMRA.