N.M. R. Civ. P. Metro. Ct. 3-302

As amended through November 1, 2024

Rule 3-302 - Defenses; answer

A.Answer; when filed. The defendant shall file his answer on or before the appearance date stated 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, and any defenses he may have to the claim of the plaintiff. Defenses shall be raised in the answer. A party may file a motion to have the answer clarified or explained. On the filing of such motion, the judge may, in his discretion, require a more explicit answer or order a pretrial conference to clarify the issues.

C.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 shall be briefly described.

D.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 metropolitan court shall be amended by the defendant prior to trial to conform to the court's jurisdiction or shall be dismissed without prejudice.

E.Compulsory counterclaim. There shall be no compulsory counterclaim.

N.M. R. Civ. P. Metro. Ct. 3-302

For form on answer to civil complaint, see Rule 4-301 NMRA.