N.M. R. Civ. P. Dist. Ct. 1-081
Whenever a cause shall have been removed from a district court to a United States court and thereafter remanded, judgment by default shall not be entered therein until the expiration of ten (10) days after service of notice upon defendants that the order remanding such cause has been filed. Within such time the defendants may move or plead as they might have done had such cause not been removed.
N.M. R. Civ. P. Dist. Ct. 1-081
ANNOTATIONS The 1996 amendment, effective January 1, 1996, deleted "certiorari; employment security division cases" from the rule heading, and deleted former Paragraph B relating to appeals from the board of review of the employment security division. Compiler's notes. - Paragraph A is deemed to have superseded former Trial Court Rule 105-804 a which was substantially the same. Former Paragraph B is deemed to have superseded former Trial Court Rule 1935-116-8 which was substantially the same. Law reviews. - For article, "Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution," see 18 N.M.L. Rev. 525 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 14 Am. Jur. 2d Certiorari §§9, 13, 16, 18, 22, 32, 38, 45, 58, 63 to 68; 71 Am. Jur. 2d State and Local Taxation §§266 to 276. Necessity of submitting to state court or judge petition and bond for removal to federal court, 45 A.L.R. 444. Stage of case as determining whether application for removal from state to federal court is premature, 82 A.L.R. 514. Availability of remedies other than direct appeal from or error to federal court under provision of federal statute denying appeal or writ of error from decision remanding to state court case removed to federal court, 114 A.L.R. 1476. State statute permitting new action within specified time after judgment or decree not on the merits in a previous action, as applicable where either the first action or the new action was brought in or removed to a federal court, 156 A.L.R. 1097. Constitutionality, construction and application of federal statutes providing that district courts may transfer any civil action to any other district or division where it might have been brought, 5 A.L.R.2d 1239, 10 A.L.R.2d 932. Appealability of federal district court order denying motion to remand cause to state court, 21 A.L.R.2d 760. Appearance for purpose of making application for removal of cause to federal court as a general appearance, 2 A.L.R.3d 965. State order or judgment: status, in federal court, of judgment or order rendered in state court before removal of case, 2 A.L.R. Fed. 760. When period for filing petition for removal of civil action from state court to federal district court begins to run under 28 USC § 1446(b), 16 A.L.R. Fed. 287. What constitutes ancillary, incidental or auxiliary cause of action, so as to preclude its removal from state to federal court, 18 A.L.R. Fed. 126. Civil actions removable from state court to federal district court under 28 USC § 1443, 28 A.L.R. Fed. 488. Effect upon jurisdiction of state court of 28 USC § 1446 relating to removal of cause to federal court, 38 A.L.R. Fed. 824. 14 C.J.S. Certiorari §§ 9, 10, 55, 56, 59, 98, 113, 116; 15 C.J.S. Commerce § 118(1); 73A C.J.S. Public Administrative Law and Procedure §§202 to 271; 77 C.J.S. Removal of Causes §2 et seq.; 81 C.J.S. Social Security §§ 265 to 270, 282 to 288.