A.Service; when required. Except as otherwise provided in these rules, every written order, every pleading subsequent to the original complaint, every paper relating to discovery required to be served upon a party, unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. Service on a party is not required if: (1) the party is in default for failure to appear except that pleadings asserting new or additional claims for relief against such party shall be served in the manner provided for service of summons in Rule 3-202 NMRA; or(2) the party unconditionally admits to all of the allegations of the complaint prior to entry of a judgment on the pleadings.B.Service; how made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney's or party's last known address. Service by mail is complete upon mailing.C.Definitions. As used in this rule: (1) "Delivering a copy" means: (a) handing it to the attorney or to the party;(b) sending a copy by facsimile or electronic transmission when permitted by Rule 3-204 NMRA or Rule 3-205 NMRA;(c) leaving it at the attorney's or party's office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place in the office;(d) if the attorney's or party's office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing there; or(e) leaving it at a location designated by the court for serving papers on attorneys, if the following requirements are met:(i) the court, in its discretion, chooses to provide such a location; and(ii) service by this method has been authorized by the attorney, or by the attorney's firm, organization, or agency on behalf of the attorney. (2) "Mailing a copy" means sending a copy by first class mail with proper postage. D.Filing by a party; certificate of service. All papers after the complaint required to be served upon a party, together with a certificate of service indicating the date and method of service, shall be filed with the court within a reasonable time after service, except that the following papers shall not be filed unless on order of the court or for use in the proceeding:(1) summonses without completed returns;(2) subpoenas without completed returns; and(3) offers of settlement when made. Except for the papers described in Subparagraph (1) of this paragraph, the attorney, or party, if the party is unrepresented, shall file a certificate of service with the court within a reasonable time after service, indicating the date and method of service of any paper not filed with the court.
E.Filing with the court defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note on the papers the filing date and forthwith transmit them to the office of the clerk. "Filing" shall include filing a facsimile copy or filing an electronic copy as may be permitted under Rule 3-204 NMRA or Rule 3-205 NMRA. If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court. The clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices.F.Filing and service by the court. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the method of service. For purposes of Rule 3-104(C) NMRA, papers served by the court shall be deemed served by mail, regardless of the actual manner of service, unless the court's certificate of service unambiguously states otherwise. The court may, in its discretion, serve papers in accordance with the method described in Subparagraph (C)(1)(e) of this rule.G.Filing and service by an inmate. The following provisions apply to documents filed and served by an inmate confined to an institution: (1) If an institution has a system designed for legal mail, the inmate shall use that internal mail system to receive the benefit of this rule. (2) The document is timely filed if deposited in the institution's internal mail system within the time permitted for filing.(3) Whenever service of a document on a party is permitted by mail, the document is deemed mailed when deposited in the institution's internal mail system addressed to the parties on whom the document is served.(4) The date of filing or mailing may be shown by a written statement, made under penalty of perjury, showing the date when the document was deposited in the institution's internal mail system.(5) A written statement under Subparagraph (4) of this paragraph establishes a presumption that the document was filed or mailed on the date indicated in the written statement. The presumption may be rebutted by documentary or other evidence.(6) Whenever an act must be done within a prescribed period after a document has been filed or served under this paragraph, that period shall begin to run on the date the document is received by the party.N.M. R. Civ. P. Metro. Ct. 3-203
As amended, March 1, 2000; November 1, 2004; as amended by Supreme Court Order 05-8300-05, effective 3/21/2005; as amended by Supreme Court Order No. 14-8300-016, effective for all cases pending or filed on or after12/31/2014. ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-016, effective December 31, 2014, authorized the court to designate a place of service on attorneys; provided for the filing and service of orders and notices by the court; provided for the filing and service of documents by an inmate; in Paragraph A, in the first sentence, after "these rules, every", added "written", after "written order", deleted "required by its terms to be served", and after "original complaint", deleted "every order not entered in open court"; in Paragraph B, in the second sentence, after "last known address", deleted "or, if no address is known, by leaving it with the clerk of the court", in Paragraph C (1), at the beginning of the sentence, changed "delivery of" to "Delivering"; in Paragraph C (1)(c), after "in a conspicuous place", deleted "therein" and added "in the office"; in Paragraph C (1)(d), at the beginning of the sentence, after "if the", deleted "party cannot be served at the office of the party's attorney or at the office of the party because the", added "attorney's or", after "has no office", deleted "the party may be served by"; added Paragraph C (1)(e); in Paragraph D, in the title, after "Filing", added "by a party"; in Paragraph E, in the first sentence, after "The filing of", deleted "pleadings and other" and after "shall note on the", changed "form" to "papers", deleted the former third sentence, which provided that a paper filed by electronic means constituted a written paper, added the current third sentence and at the end of the fourth sentence, added "or any local rules or practices"; and added Paragraphs F and G. The 2005 amendment, effective March 21, 2005, revised this rule to make it consistent with Rule 1-005 NMRA as amended in 2004. The 2005 amendment revised Paragraph A, designated the definition of "delivery of a copy" as a new Subparagraph (1) of Paragraph C and added the definition of "mailing a copy" as a new Subparagraph (2) of Paragraph C, designated former Paragraph C and Paragraph D and inserted the exceptions for filing papers as Subparagraphs (1) to (3), redesignated former Paragraph D as Paragraph E and deleted all of Paragraphs E and F relating to "proof of service" and "motions". The 2004 amendment, effective November 1, 2004, rewrote the former last sentence in Paragraph A so as to create the present last sentence and Subparagraph (1) of that paragraph and added Subparagraph (2) therein. The 2000 amendment, effective March 1, 2000, inserted "pleadings and other" in the rule heading and amended this rule to conform it with Rule 1-005 NMRA provisions relating to service by fax or electronic mail.
For certificate of service, see Civil Form 4-221 NMRA. For service of notice in proceedings prior to summons, see Section 38-1-13 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 61B Am. Jur. 2d Pleading §§ 901, 902. Appearance for purpose of making application for removal of cause to federal court as a general appearance, 81 A.L.R. 1219. Affidavit of substantial defense to merits in an attachment or garnishment proceeding as general appearance, 116 A.L.R. 1215. Attack by defendant upon attachment or garnishment as an appearance subjecting him personally to jurisdiction, 129 A.L.R. 1240. Construction of phrase "usual place of abode," or similar terms referring to abode, residence or domicile, as used in statutes relating to service of process, 32 A.L.R.3d 112. 71 C.J.S. Pleading §§ 409, 411, 413.