Rule 3-702 NMRA
Rule 3-702. Default.
A. Failure to respond to summons. If the defendant fails to appear at the hearing
date set forth in the summons or fails to file an answer or other responsive pleading
within the time period set forth in the summons, and if the plaintiff proves by an
appropriate return that proper service was made upon the defendant, the court may
enter judgment for the plaintiff for the amount due, including interest, costs, and other
items allowed by law. The court may require evidence as to any fact before entering
default judgment. At a minimum, before entering a default judgment, the court shall
require the plaintiff to allege sufficient facts to demonstrate the following:
(1)
the plaintiff is a proper party to bring the lawsuit;
(2)
the defendant is a proper party;
(3)
a legal relationship exists between the plaintiff and the defendant that
forms the basis of the lawsuit; and
(4)
the amount of the damages, debt, or other relief requested, including
principal, interest, and all other charges or costs.
In cases controlled by Rule 3-201(E) NMRA, before entry of default judgment, the
court shall determine that the party seeking relief has stated a claim on which relief can
be granted, has complied with Rules 3-201(E)(1) and 3-401(D) NMRA, and has
substantially complied with the requirements of Form 4-226 NMRA, or has complied
with Rule 3-201(E)(2) and 3-401(D) NMRA, and has substantially complied with the
requirements of Form 4-226A NMRA.
A copy of the default judgment shall forthwith be mailed by the clerk of the court to
each party against whom judgment has been entered. The clerk shall endorse on the
judgment the date of mailing.
B. Failure to appear at trial. Failure to appear at the time and date set for trial shall
be grounds for entering a default judgment against the nonappearing party.
C. Setting aside default. For good cause shown, within thirty (30) days after entry
of judgment and if no appeal has been timely taken, the court may set aside a default
judgment.