Form 4A-311 NMRA
Form 4A-311. Affidavit as to Respondent's failure to plead or otherwise defend (domestic relations actions).
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT
_______________________________,
Petitioner,
v.
No. __________
_______________________________,
Respondent.
AFFIDAVIT AS TO RESPONDENT’S
FAILURE TO PLEAD OR OTHERWISE DEFEND
(domestic relations actions)1
Petitioner affirms under penalty of perjury under the laws of the State of New Mexico
that the following statements are true and correct:
(1) I am the Petitioner, and I submit this Affidavit to show that Respondent has failed
to file an answer or otherwise respond to the Petition For Dissolution of Marriage that I
filed on __________________.
(2) Respondent was served as follows (choose and complete one):
[ ]
As shown by the Affidavit of Service filed on __________________,
Respondent was personally served on ________________________.
(Or)
[ ]
As shown by the Affidavit of Publication filed on ___________________,
Respondent was served by publication.
(3) Respondent has not filed an answer, motion, or otherwise responded, and more
than thirty (30) days have passed since Respondent was served with the Summons and
Petition for Dissolution of Marriage.
(4) Upon information and belief, Respondent is not in the military service of the
United States and is not an infant or incompetent person.
[ ] YES (required)
I have attached a certificate verifying Respondent’s active
duty status.2
WHEREFORE, Petitioner asks the Clerk of this Court to certify Respondent’s
Default.
________________________________
Signature of party
________________________________
Name (printed)
________________________________
Mailing address
________________________________
City, state, and zip code (print)
________________________________
Telephone number
VERIFICATION
I, _______________________, affirm under penalty of perjury under the laws of the
State of New Mexico that I am the Petitioner in the above-entitled cause, and I know
and understand that the contents contained in the above Affidavit are true to the best of
my knowledge and belief.
________________________________
Signature of Petitioner
Date