Dom. Rel. Forms. 4A-312

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As amended through February 27, 2024

Rule 4A-312 - Certificate as to the state of the record ( domestic relations actions )

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

_______________________________ ,

Petitioner,

v. No. __________

_______________________________ ,

Respondent.

CERTIFICATE AS TO THE STATE OF THE RECORD (domestic relations actions)¹

I, Clerk of the District Court of this Judicial District in this County, New Mexico, pursuant to the Affidavit as to Respondent's Failure to Plead or Otherwise Defend on file herein, certify as follows:

(1) The Petition for Dissolution of Marriage was 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.

WHEREFORE, I, ________________________ , hereby certify Respondent's default.

Clerk of the District Court

By: ________________________________

Deputy Clerk

USE NOTES

1. This form may be used anywhere in this state by the clerk of the court to certify a default in a domestic relations action.

Dom. Rel. Forms. 4A-312

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 Order 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; as amended by Supreme Court Order No. 15-8300-017, effective for all pleadings and papers filed on or after12/31/2015, in all cases filed or pending on or after12/31/2015.

ANNOTATIONS The 2015 amendment, approved by Supreme Court Order No. 15-8300-017, effective December 31, 2015, in Paragraph (2), changed "Petitioner" to "Respondent". The 2014 amendment, approved by Supreme Court Order No. 14-8300-011, effective December 31, 2014, simplified the statement of judicial district of the court; and in the first sentence, changed "[the ________ Judicial District in ________ ] County" to "Clerk of the District Court of this Judicial District in this County". Compiler's note. - Pursuant to Supreme Court Order No. 13-8300-010, a new 4A-312 NMRA was adopted effective May 31, 2013. Withdrawals. - Pursuant to Supreme Court Order No. 13-8300-010, former 4A-312 NMRA, relating verified marital settlement agreement, complex, was withdrawn effective May 31, 2013.