N.M. R. Civ. P. Dist. Ct. 1-010
N.M. R. Civ. P. Dist. Ct. 1-010
ANNOTATIONS The 2007 amendment, approved by Supreme Court Order 07-8300-16, effective August 1, 2007, amended Paragraph B to delete the sentence prohibiting an allegation for damages in a specific amount unless it is a necessary allegation of the complaint. See Rule 1-008 NMRA was also amended by Supreme Court Order 07-8300-16 to add the sentence deleted from this rule. I. GENERAL CONSIDERATION.
For when name of defendant unknown, see Section 38-2-6 NMSA 1978. Compiler's notes. - This rule in conjunction with Rule 1-008 is deemed to have superseded 105-404, 105-501, 105-511, 105-525, C.S. 1929, which were substantially the same. Notice of contest in election case takes place of conventional complaint in an ordinary lawsuit and it must contain a plain statement of the claim showing that the pleader is entitled to relief. Ferran v. Trujillo, 1946-NMSC-040, 50 N.M. 266, 175 P.2d 998 (decided under former law). II. CAPTION. All parties on one side not one party. - The New Mexico Rules of Civil Procedure, as well as the common understanding of what is meant by a party to a lawsuit, are inconsistent with the position that all parties on one side of a lawsuit are but one party. Romero v. Felter, 1972-NMSC-032, 83 N.M. 736, 497 P.2d 738. III. PARAGRAPHS. The objective of the paragraph is clarity in pleading. At the same time dilatory motions for separate paragraphing or separate statements are discouraged, since rigid requirements are not laid down. Jernigan v. New Amsterdam Cas. Co., 1961 -NMSC-170, 69 N.M. 336, 367 P.2d 519. Multiple counts arising from one transaction considered alternative pleadings. - Where a complaint is in separate counts, and all counts arise from the same transaction or occurrence, such a complaint will be considered as a whole with the counts to be viewed as alternative pleadings of one cause of action even though against more than one defendant; each count need not be sufficient in itself nor state a claim upon which relief can be granted. Jernigan v. New Amsterdam Cas. Co., 1961 -NMSC-170, 69 N.M. 336, 367 P.2d 519. Even flagrant violators have right to amend. - It was an abuse of discretion by the trial court to dismiss complaint without leave to amend although it disclosed flagrant disregard of this rule. Hambaugh v. Peoples, 1965-NMSC-044, 75 N.M. 144, 401 P.2d 777; Peoples v. Peoples, 1963-NMSC-067, 72 N.M. 64, 380 P.2d 513. Complete statement of specific facts for contest necessary. - Allegation in notice of election contest that "by reason of the erroneous receiving, counting, tallying, and return of the votes . . . the correct result thereof was not certified to the county canvassing board" was not a sufficiently complete statement of the specific facts on which the grounds for contest were based. Ferran v. Trujillo, 1946-NMSC-040, 50 N.M. 266, 175 P.2d 998 (decided under former law). Request for specific money damages. - Where filing of original complaint initiating civil action preceded the effective date of this rule, a subsequent amended complaint was not subject to Subsection B's prohibition of requests for specific money damages. R.A. Peck, Inc. v. Liberty Fed. Sav. Bank, 1988-NMCA-111, 108 N.M. 84, 766 P.2d 928 (decided under former law). Allegations of damages in one count of complaint may be incorporated into another count of the complaint. - Where plaintiffs brought a breach of contract claim after defendants conducted geophysical seismic surveys on land leased by plaintiffs in order to evaluate potential future oil and gas operations, the district court erred in granting defendants' motion for summary judgment on the ground that plaintiffs' complaint did not plead damages to the "range," but alleged that the permits and licenses issued to defendants required compensation to the surface owner or lessee for damage done to the "surface estate". Plaintiffs' complaint, in addition to alleging that defendants failed to comply with their obligation to pay compensation as required by the permits and leases, also alleged that defendants were negligent in performing the geophysical seismic surveys and as a result, the land was damaged, the damage was progressive, and the damage included the cutting of roads, the killing of flora and the creation of areas where the vegetation was damaged to the point that it no longer prevented or provided a barrier to erosion. The allegations under the negligence claim are consistent with damages to the range and may be incorporated into the count alleging breach of contract. Woody Inv., LLC v. Sovereign Eagle, LLC, 2015-NMCA-111, cert. denied, 2015-NMCERT-010. IV. ADOPTION BY REFERENCE. Pleadings from a separate case. - Paragraph C of this rule does not authorize a party to incorporate by reference pleadings from a separate case into the pleadings in the case at bar. Bronstein v. Biava, 1992-NMSC-053, 114 N.M. 351, 838 P.2d 968. Not necessary to attach notice of default to complaint. - While the giving of written notice of default as provided for in a lease is a condition precedent, in pleading performance it is sufficient to aver generally that all such conditions have been performed and it is not necessary to attach the notice or copy thereof to the complaint. City of Hot Springs v. Hot Springs Fair & Racing Ass'n, 1952-NMSC-039, 56 N.M. 317, 243 P.2d 619. Law reviews. - For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). For annual survey of civil procedure in New Mexico, see 18 N.M.L. Rev. 287 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 61A Am. Jur. 2d Pleading §§31 to 79, 112 to 116, 118 to 126, 129, 136, 159, 161, 180, 181 205 to 207, 209 to 211. Propriety and effect of use of fictitious name of plaintiff in federal court, 97 A.L.R. Fed. 369. 71 C.J.S. Pleading §§ 9, 63 to 98, 371 to 375.