Rule 3-302 NMRA
Rule 3-302. Defenses; answer.
Length: 217 wordsOfficial source
A. Answer; when filed. The defendant shall file his answer on or before the
appearance date stated 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, and any
defenses he may have to the claim of the plaintiff. Defenses shall be raised in the
answer. A party may file a motion to have the answer clarified or explained. On the filing
of such motion, the judge may, in his discretion, require a more explicit answer or order
a pretrial conference to clarify the issues.
C. 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 shall be briefly described.
D. 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 metropolitan court shall be amended by the defendant
prior to trial to conform to the court's jurisdiction or shall be dismissed without prejudice.
E. Compulsory counterclaim. There shall be no compulsory counterclaim.