Rule 10-322 NMRA
Rule 10-322. Defenses and objections; when and how presented; by pleading or motion.
A. When presented. A respondent in a proceeding may serve a response within
twenty (20) days after the service of the summons and petition. Unless a different time
is fixed by the court, after service of a motion under Paragraph B of this rule, any
responsive pleading shall be filed within ten (10) days after the denial of the motion.
Although a response to a petition is not required, the effect of failure to respond is a
general denial, and any defense in law or in fact which is not affirmatively pled by a
respondent may be deemed waived, provided that the court shall allow such a defense
for good cause shown.
B. How presented. Every defense, in law or fact, to a claim for relief in any
pleading shall be asserted in the responsive pleading, except that the following
defenses may, at the option of the respondent, be made by motion:
(1)
lack of jurisdiction over the subject matter;
(2)
lack of jurisdiction over the person;
(3)
improper venue;
(4)
insufficiency of process;
(5)
insufficiency of service of process;
(6)
failure to state a claim upon which relief can be granted;
(7)
failure to join a necessary party. A motion making any of these defenses
shall be made before pleading if a further pleading is permitted. No defense or objection
is waived by being joined with one or more other defenses or objections in a responsive
pleading or motion.