N.M. R. Civ. P. Dist. Ct. 1-003
A civil action is commenced by filing a complaint with the court. Upon the filing of the complaint, the clerk shall endorse thereon the time, day, month and year that it is filed.
N.M. R. Civ. P. Dist. Ct. 1-003
For commencement of action under statutes of limitation, see Section 37-1-13 NMSA 1978. For commencement of action by complaint in magistrate court, see Rule 2-201 NMRA. Compiler's notes. - This rule is deemed to have superseded 105-301, C.S. 1929, which was substantially the same. Section 37-1-13 NMSA 1978 has no further usefulness, because this rule and Rule 4 (see now Rule 1-004 NMRA) cover subject and they are, therefore, exclusive. Prieto v. Home Educ. Livelihood Program, 1980-NMCA-114, 94 N.M. 738, 616 P.2d 1123. To file a civil action, a complaint must be filed with a court. Zarges v. Zarges, 1968-NMSC-151, 79 N.M. 494, 445 P.2d 97. "Civil action" used interchangeably with "civil case". - Under this rule, the words "civil action" are broad and used interchangeably with the words "civil case". Baldonado v. Navajo Freight Lines, 1977-NMCA-008, 90 N.M. 284, 562 P.2d 1138, rev'd on other grounds, 1977-NMSC-025, 90 N.M. 264, 562 P.2d 497. Filing of complaint ministerial act. - The filing of a civil complaint is a mere ministerial act that can be performed on Sunday. Such a filing ordinarily requires nothing beyond docketing the complaint and receiving the filing fee. 1961-62 Op. Att'y Gen. No. 61-56. Lawsuit commences when original plaintiffs file complaint. - The lawsuit involved in this case was commenced when the original plaintiffs filed their complaint and not when the original defendants filed their cross-claim. Hughes v. Joe G. Maloof & Co., 1973-NMCA-002,84 N.M. 516, 505 P.2d 859. Affidavit in an action of replevin may be treated as complaint, where it contains all the essential allegations of a complaint. Burnham-Hanna-Munger Dry Goods Co. v. Hill, 1912-NMSC-041,17 N.M. 347, 128 P. 62 (decided under former law). Court may dismiss case for plaintiff's failure to prosecute with due diligence. - The statute of limitations is tolled by the timely filing of the complaint but the trial court, in the exercise of its inherent power and in its discretion, independent of statute, may dismiss a case for failure to prosecute when it is satisfied that plaintiff has not applied due diligence in the prosecution of his suit. Prieto v. Home Educ. Livelihood Program, 1980-NMCA-114, 94 N.M. 738, 616 P.2d 1123. The test for a district court in exercising its discretion in determining whether a delay in service of process demonstrates a lack of due diligence on the part of a plaintiff is based on a standard of objective reasonableness; a showing of intentional delay is not required. Graubard v. Balcor Co., 2000-NMCA-032, 128 N.M. 790, 999 P.2d 434. Action pending until its final termination. - An action is to be regarded as pending from the time of its commencement until its final termination. Baldonado v. Navajo Freight Lines, 1977-NMCA-008, 90 N.M. 284, 562 P.2d 1138, rev'd on other grounds, 1977-NMSC-025, 90 N.M. 264, 562 P.2d 497. Law reviews. - For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976). For article, "The Death of Implied Causes of Action: The Supreme Court's Recent Bevins Jurisprudence and the Effect on State Constitutional Jurisprudence: Correctional Services Corp. v. Malesko", see 33 N.M.L. Rev. 401 (2003). Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Abatement, Survival, and Revival §12; 1 Am. Jur. 2d Actions §57 et seq.; 20 Am. Jur. 2d Courts §68; 61B Am. Jur. 2d Pleading §899. Tolling of statute of limitations where process is not served before expiration of limitation period, as affected by statutes defining commencement of action, or expressly relating to interruption of running of limitations, 27 A.L.R.2d 236. Failure to make return as affecting validity of service or court's jurisdiction, 82 A.L.R.2d 668. 1A C.J.S. Actions §§ 240, 241; 71 C.J.S. Pleading §§ 407 to 411; 72 C.J.S. Process § 3.