Dom. Rel. Forms. 4A-311

As amended through February 27, 2024

Rule 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

USE NOTES

1. This form may be used anywhere in this state to request the clerk of the court to issue a certificate as to the state of the record (Form 4A-312 NMRA) in a domestic relations action.

2. This affidavit must include a certificate verifying the petitioner's active duty status, which you can obtain online at https://dmdc.osd.mil/appj/scra/single_record.xhtml.

Dom. Rel. Forms. 4A-311

Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after5/31/2013, in all cases pending or filed on or after5/31/2013; as amended by Supreme Court No. 14-8300-011, effective for all pleadings and papers filed on or after12/31/2014, in all cases filed or pending on or after12/31/2014.

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-011, effective December 31, 2014, added a verification; in Paragraph 2, changed "Petitioner" to "Respondent"; after Paragraph 4, added "Yes (required)"; and added the Verification. Compiler's note. - Pursuant to Supreme Court Order No. 13-8300-010, a new 4A-311 NMRA was adopted effective May 31, 2013. Withdrawals. - Pursuant to Supreme Court Order No. 13-8300-010, former 4A-311 NMRA, relating to verified marital settlement agreement, simple, was withdrawn effective May 31, 2013.