§ RULE 1-001. SCOPE OF RULES; DEFINITIONS

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 1 > RULE 1-001.

RULE 1-001. SCOPE OF RULES; DEFINITIONS

A. Scope. These rules govern the procedure in the district courts of New Mexico in all suits of a civil nature whether cognizable as cases at law or in equity except to the extent that the New Mexico Rules of Evidence or existing rules applicable to special statutory or summary proceedings are inconsistent herewith. These rules shall be subject to the provisions of Rule 23-114 NMRA, the rule governing free process for civil cases. These rules shall be construed and administered to secure the just, speedy and inexpensive determination of every action.

B. Definitions. As used in these rules and the civil forms approved for use with these rules:

(1) “defendant” includes a respondent;

(2) “plaintiff” includes a petitioner;

(3) “process” is the means by which jurisdiction is obtained over a person to compel the person to appear in a judicial proceeding and includes a:

(a) summons and complaint;

(b) summons and petition;

(c) writ or warrant; and

(d) mandate; and

(4) “service of process” means delivery of a summons or other process in the manner provided by Rule 1-004 NMRA of these rules.

C. Title. These rules shall be known as the Rules of Civil Procedure for the District Courts.

D. Citation Form. These rules shall be cited by set and rule number of the New Mexico Rules Annotated, “NMRA”, as in Rule 1-___ NMRA.