N.M. R. Civ. P. Magist. Ct. 2-701

As amended through November 1, 2024

Rule 2-701 - Judgments; Costs

A.Definition; form. "Judgment," as used in these rules, includes a decree and any order from which an appeal lies. A judgment should not contain a recital of pleadings or the record of prior proceedings.

B.Judgment on multiple claims or involving multiple parties.

(1) Except as provided in Subparagraph (B)(2), if more than one claim for relief is presented in an action, whether as a claim or counterclaim, the court may enter a final judgment about one or more, but fewer than all of the claims, only after expressly finding no just reason for delay. If the court fails to make a determination of no just reason for delay, any order or other form of decision, however designated, which adjudicates fewer than all of the claims shall not terminate the action for any of the claims and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims.

(2) If multiple parties are involved, judgment may be entered adjudicating all issues about one or more, but fewer than all parties. The judgment shall be a final judgment unless the court, in its discretion, expressly provides otherwise in the judgment. If the judgment states that it is not a final judgment, the judgment shall not terminate the action about a party or parties and shall be subject to revision at any time before the entry of judgment adjudicating all claims and the rights and liabilities of all the parties.

C.Entry of judgment. After the trial, the court shall enter a written judgment in accordance with the jurys verdict or, if the trial was without a jury, in accordance with the court's decision. The court may direct counsel for any party to prepare the judgment. If a setoff or a counterclaim is established by the defendant, the amount of the setoff or counterclaim shall be offset against any sum owed the plaintiff and judgment shall be entered accordingly.

D.Demand for judgment. A judgment by default shall not be different in kind from or exceed in amount that claimed in the complaint. Except for a default judgment, each final judgment shall grant the relief sought by the party in whose favor judgment is rendered, even if the party as not demanded the relief in the party's pleadings.

E.Costs. Any docket fee, filing fee (including an electronic filing and service fee), jury fee, or copying fee paid by the prevailing party to the court shall be a recoverable cost and shall be awarded to the prevailing party against the losing party. The court may award any fees actually paid by the prevailing party for service of the complaint, summons and subpoenas and for attendance of witnesses, including expert witnesses. No costs or fees shall be taxed against the state, its officers and agencies. Expert witness fees for any case shall not exceed five hundred dollars ($500), plus the fee for per diem expenses provided by Section 10-8-4(A) NMSA 1978 for nonsalaried public officers attending a board or committee meeting and the mileage provided by Section 10-8-4(D) NMSA 1978. The fee for per diem expenses shall not be prorated.

N.M. R. Civ. P. Magist. Ct. 2-701

As amended, effective 1/1/1995; as amended by Supreme Court Order No. 21-8300-021, effective for all cases pending or filed on or after 12/31/2021.

ANNOTATIONS The 1995 amendment, effective January 1, 1995, added Paragraphs A and B; redesignated former Paragraph A as Paragraph C and, in that paragraph, added the second sentence, substituted "offset" for "balanced" in the third sentence, and deleted the former last sentence which read "The judgment shall be in substantially the form approved by the supreme court"; redesignated former Paragraph B as Paragraph D and rewrote the first sentence and added the second sentence in that paragraph; deleted former Paragraph C relating to costs collected by magistrates; redesignated former Paragraph D as Paragraph E and rewrote that paragraph; and made minor stylistic changes throughout the rule.

For fees and costs in magistrate or metropolitan courts, see Section 35-6-1 NMSA 1978 et seq. For witness' per diem and mileage, see Section 38-6-4 NMSA 1978. For form on judgment, see Rule 4-701 NMRA. Witness fees taxable. - Witnesses in civil suits in justice of the peace (now magistrate) courts could receive witness fees, which were taxed in favor of the prevailing party. 1964 Op. Att'y Gen. No. 64-48. Am. Jur. 2d, A.L.R. and C.J.S. references. - 46 Am. Jur. 2d Judgments § 121 et seq. Correction of entry or amendment of judgment nunc pro tunc as affecting intervening liens and property rights, 48 A.L.R. 1182. Right to costs where judgment is against plaintiff on his complaint and against defendant on his counterclaim, 75 A.L.R. 1400. Costs in habeas corpus, 81 A.L.R. 151. Correcting clerical errors in judgments, 126 A.L.R. 956, 14 A.L.R.2d 224. Date of verdict or date of entry of judgment thereon as beginning of interest period on judgment, 1 A.L.R.2d 479. Disagreement of jury, entry of final judgment after, 31 A.L.R.2d 885. Unsuccessful litigant's payment of costs as barring his right to appeal from judgment on merits, 39 A.L.R.2d 194. Multiple defendants, effect of verdict "for plaintiff" in action against, 47 A.L.R.2d 803. Appealability of order or judgment awarding or denying costs but making no other adjudication, 54 A.L.R.2d 927. Judgment ambiguous or silent as to amount of recovery as defective for lack of certainty, 55 A.L.R.2d 723. Court's power to increase amount of verdict or judgment over either party's refusal or failure to consent to addition, 56 A.L.R.2d 213. Liability of state, or its agency or board, for costs of appeal in civil action to which it is a party, 72 A.L.R.2d 1379. Sunday or holiday, validity of court's judgment rendered on, 85 A.L.R.2d 595. Recoverability under property insurance or insurance against liability for property damage of insured's expenses to prevent or mitigate damages, 33 A.L.R.3d 1262. Dismissal of plaintiff's action as entitling defendant to recover attorney's fees or costs as "prevailing party" or "successful party", 66 A.L.R.3d 1087. Who is the "successful party" or "prevailing party" for purposes of awarding costs where both parties prevail on affirmative claims, 66 A.L.R.3d 1115. Attorney's personal liability for expenses incurred in relation to services for client, 66 A.L.R.4th 256. 20 C.J.S. Costs §§ 36 to 38, 134 et seq.; 49 C.J.S. Judgments §§ 112 to 114.