Rule 2-302 NMRA
Rule 2-302. Defenses; answer.
Length: 252 wordsOfficial source
A. Answer; when filed. The defendant shall file his answer on or before the
appearance date as fixed in the summons.
B. Defenses; how presented. The answer shall describe in concise and simple
language the reasons why the defendant denies the claim of the plaintiff as well as any
defenses he may have to the claim of the plaintiff. Defenses shall be raised in the
answer and not by motion. A party may file a motion to have the answer clarified or
explained. On the filing of such motion, the magistrate may, in his discretion, require a
more explicit answer or order a pretrial conference to clarify the issues.
C. Form of answer. The answer shall be in substantially the form approved by the
court administrator and the supreme court.
D. Permissive counterclaim or setoff. If the defendant possesses a claim or
claims against the plaintiff at the time the action is begun, they may be asserted in the
answer as a counterclaim or setoff. The facts and circumstances giving rise to the claim
or claims must be briefly described, in the form of answer approved by the supreme
court.
E. Nature of claim and amount claimed. The nature of the defendant's claim or
claims and the total sum claimed shall comply with applicable law. A claim which
exceeds the jurisdiction of the magistrate court shall be amended by the defendant prior
to trial to conform to the court's jurisdiction or shall be dismissed without prejudice.
There shall be no compulsory counterclaim.