Rule 7-205 - Service of summons; failure to appearA.Service. Service of a summons shall be by mail unless the court directs that personal service be made.B.Issuance. Upon receipt of a complaint, the clerk shall docket the action, forthwith issue a summons and deliver it for service. Upon the request of the prosecution, separate or additional summons shall issue against any defendant. Any defendant may waive the issuance or service of summons.C.Execution; form. The summons shall be signed by the clerk, be directed to the defendant, and must contain:(1) the name of the court and county in which the complaint is filed, the docket number of the case and the name of the defendant to whom the summons is directed;(2) a direction that the defendant appear at the time and place set forth;(3) the name and address of the prosecuting attorney, if any, shall be shown on every summons, otherwise the address of the law enforcement entity filing the complaint;(4) The summons shall be substantially in the form approved by the supreme court.D.Summons; time to appear. Service shall be made at least ten (10) days before the defendant is required to appear. If service is made by mail an additional three (3) days shall be added pursuant to Rule 7-104. Service by mail is complete upon mailing.E.Summons; service of copy. The summons and complaint shall be served together. The prosecution shall furnish the person making service with such copies as are necessary.F.Summons; by whom served. In criminal actions any process may be served by any authorized law enforcement officer, or by any other person who is over the age of eighteen (18) years and not a party to the action.G.Summons; service by mail. A summons and complaint may be served upon any defendant by the clerk or the prosecution mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served. If a defendant fails to appear in person, or by counsel when permitted by these rules, at the time and place specified in the summons, the court may: (1) issue a warrant for the defendant's arrest, and thereafter the action shall be treated as if the warrant had been the first process in the action; or(2) direct that service of such summons and complaint may be made by a person authorized by Paragraph F of this rule in the manner prescribed by Paragraph H of this rule.H.Summons; how served. Service may be made within the state as follows:(1) upon an individual other than a minor or an incapacitated person by delivering a copy of the summons and of the complaint to him personally; or if the defendant refuses to receive such, by leaving same at the location where he has been found; and if the defendant refuses to receive such copies or permit them to be left, such action shall constitute valid service. If the defendant be absent, service may be made by delivering a copy of the process or other papers to be served to some person residing at the usual place of abode of the defendant who is over the age of fifteen (15) years; and if there be no such person available or willing to accept delivery, then service may be made by posting such copies in the most public part of the defendant's premises, and by mailing to the defendant at his last known mailing address copies of the process;(2) upon a domestic or foreign corporation by delivering a copy of the summons and of the complaint to an officer, a managing or a general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant; upon a partnership by delivering a copy of the summons and of the complaint to any general partner; and upon other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by law to receive service and the statute so requires, by also mailing a copy to the unincorporated association. If the person refuses to receive such copies, such action shall constitute valid service. If none of the persons mentioned is available, service may be made by delivering a copy of the process or other papers to be served at the principal office or place of business during regular business hours to the person in charge thereof. Service shall be made with reasonable diligence, and the original summons with proof of service shall be returned to the clerk of the court from which it was issued.
I.Return. If service is made by mail pursuant to Paragraph G of this rule, return shall be made by the defendant appearing as required by the summons. If service is by personal service pursuant to Paragraph H of this rule, the person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. When service is made by a full-time salaried law enforcement officer, proof thereof shall be by certificate; and when made by a person other than a full-time salaried law enforcement officer, proof thereof shall be made by affidavit. Where service within the state includes mailing, the return shall state the date and place of mailing.J.Construction of terms. Wherever the terms "summons", "process", "service of process" or similar terms are used, such shall include the summons, complaint and any other papers required to be served.N.M. R. Crim. P. Metro. Ct. 7-205
As amended, effective 1/1/1990. ANNOTATIONS The 1989 amendment, effective for cases filed in the metropolitan courts on and after January 1, 1990, in Paragraph A, deleted "by local rule" following "courts directs" and deleted the former second and third sentences, which read "The summons and complaint shall be served together" and "The prosecution shall furnish the person making service with such copies as are necessary", respectively; redesignated former Paragraph B as the second sentence and Subparagraph (1) in Paragraph G, and added the remainder of Paragraph G; and added present Paragraphs B to F and H to J.
For service of warrants by police officers, see Section 3-13-2 NMSA 1978. For duty of sheriff to execute process and orders of magistrate and municipal courts, see Section 4-41-14 NMSA 1978. For form for criminal summons, see Rule 9-208 NMRA.