N.M. R. Civ. P. Magist. Ct. 2-302

As amended through November 1, 2024

Rule 2-302 - Defenses; answer

A.Answer; when filed. The defendant shall file his answer on or before the appearance date as fixed in the summons.

B.Defenses; how presented. The answer shall describe in concise and simple language the reasons why the defendant denies the claim of the plaintiff as well as any defenses he may have to the claim of the plaintiff. Defenses shall be raised in the answer and not by motion. A party may file a motion to have the answer clarified or explained. On the filing of such motion, the magistrate may, in his discretion, require a more explicit answer or order a pretrial conference to clarify the issues.

C.Form of answer. The answer shall be in substantially the form approved by the court administrator and the supreme court.

D.Permissive counterclaim or setoff. If the defendant possesses a claim or claims against the plaintiff at the time the action is begun, they may be asserted in the answer as a counterclaim or setoff. The facts and circumstances giving rise to the claim or claims must be briefly described, in the form of answer approved by the supreme court.

E.Nature of claim and amount claimed. The nature of the defendant's claim or claims and the total sum claimed shall comply with applicable law. A claim which exceeds the jurisdiction of the magistrate court shall be amended by the defendant prior to trial to conform to the court's jurisdiction or shall be dismissed without prejudice. There shall be no compulsory counterclaim.

N.M. R. Civ. P. Magist. Ct. 2-302

For form on answer to civil complaint, see Rule 4-301 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Counterclaim, Recoupment, and Setoff §§ 1 et seq., 56 et seq.; 61A Am. Jur. 2d Pleading §§ 220 to 248, 278, 279. Right to voluntary dismissal of suit without prejudice before trial as affected by filing counterclaim after motion for dismissal, 71 A.L.R. 1001. Right to dismissal as affected by filing of, or as affecting, cross-complaint, counterclaim, intervention and the like, 90 A.L.R. 387. Asking relief in addition to vacation of service of process as waiver of special appearance or of right to rely upon lack of jurisdiction, 111 A.L.R. 925. Pleading last clear chance doctrine, 25 A.L.R.2d 254. Objection before judgment to jurisdiction of court over subject matter as constituting general appearance, 25 A.L.R.2d 833. Agency, manner and sufficiency of pleading in contract action, 45 A.L.R.2d 583. Litigant's participation on merits, after objection to jurisdiction of person made under special appearance or the like has been overruled, as waiver of objection, 62 A.L.R.2d 937. Propriety of entering summary judgment for plaintiff before defendant files or serves answer to complaint or petition, 85 A.L.R.2d 825. Proceeding for summary judgment as affected by presentation of counterclaim, 8 A.L.R.3d 1361. 71 C.J.S. Pleading §§ 99 to 129, 167 to 176.