N.M. R. Child. Ct. 10-114

As amended through November 1, 2024

Rule 10-114 - Form of pleadings

A.Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number and a designation as to the type of pleading. In the petition the title of the action shall include the names of all parties.

B.Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters.

C.Adoption by reference. Statements made in one part of a pleading may be adopted by reference in another part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

D.Name of respondent. In any pleading, the name of the respondent shall be stated, or, if the respondent's name is not known, the respondent may be described by any name or description by which the respondent can be identified with reasonable certainty, together with a statement that respondent's name is not known.

N.M. R. Child. Ct. 10-114

Adopted by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

ANNOTATIONS Compiler's notes. - Pursuant to Supreme Court Order No. 08-8300-042, a new Rule 10-114 NMRA was adopted, effective January 15, 2009. Withdrawals. - Pursuant to a court order dated July 17, 1995, former Rule 10-114 NMRA, relating to filing of motions, was withdrawn effective September 1, 1995.