Rule 3-201. Commencement of action.

A. How commenced. A civil action is commenced by filing with the court a complaint consisting of a written statement of a claim or claims setting forth briefly the facts and circumstances giving rise to the action. B. Nature of claim. Metropolitan judges have jurisdiction in all cases as may be provided by law. C. Form of complaint. The complaint shall be in substantially the form approved by the court administrator and the Supreme Court. D. Verified accounts. Except in cases controlled by Paragraph E, accounts duly verified by the oath of the party claiming the same, or his agent, and promissory notes and other instruments in writing, not barred by law are sufficient evidence in any suit to create a rebuttable presumption, sufficient to enable the plaintiff to recover judgment for those accounts. E. Consumer debt claims. (1) The pleading of a party, acting in the ordinary course of business, whose cause of action is to collect a debt arising out of a transaction in which the money, property, insurance, or services, which are the subject of the original transaction, are primarily for personal, family, or household purposes, other than loans secured by real property, shall comply with Rules 3-201(E)(3) and 3-401(D) NMRA, and Form 4-226 NMRA. (2) Medical debt claims. The pleading of a party whose cause of action is to collect a medical debt, as defined in NMSA 1978, Section 57-32-2(I), shall comply with Rule 3-201(E)(3), Rule 3-401(D), and Form 4-226A NMRA, and shall include a copy of the current Attestation of Indigency form promulgated by the New Mexico Superintendent of Insurance. (3) Copy to be served and filed. When any instrument of writing on which a consumer debt claim is founded is referred to or relied on in the pleadings, the original or a copy of the instrument shall be served with the pleading and filed with the court unless otherwise excused by the court on a showing of good cause.