§ RULE 2-301. PLEADINGS ALLOWED; SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 3 > RULE 2-301.

RULE 2-301. PLEADINGS ALLOWED; SIGNING OF PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS

A. Pleadings. There shall be a complaint and, if the defendant wishes to contest the plaintiff's claim in any way, an answer. The answer may assert a counterclaim or a setoff. If a counterclaim is filed, a reply shall be filed and served on each party within twenty (20) days. The complaint may interplead two (2) or more persons who have or may have a claim to funds owed by the plaintiff.

B. Joinder of Claims. A party asserting a claim for relief may join either as independent or as alternate claims as many claims as the party may have against an opposing party.

C. Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of related transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence or related series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.

D. Third-Party Practice. Within ten (10) days after service of a defendant's answer on the plaintiff, a defendant may file a third-party complaint against any person who is or may be liable to the defendant for all or part of the plaintiff's claim against the defendant. A third-party complaint shall be served on the third-party defendant in the manner provided by Rule 2-202 NMRA of these rules. A copy of the third-party complaint shall be served on all other parties pursuant to Rule 2-203, 2-203.1 or 2-204 NMRA of these rules. Upon motion and hearing the court may permit a defendant to file a third-party complaint at any time prior to trial.

E. Interpleader. Persons having claims for funds against the plaintiff may be named as defendants and required to adjudicate their claims for the funds when their claims are such that the plaintiff is or may be exposed to double or multiple liability. A defendant exposed to similar liability for funds may adjudicate the right to funds by third-party complaint, cross-claim or counterclaim. Any person who is named as a defendant or third-party defendant pursuant to this paragraph shall file an answer within the time set forth in these rules setting forth the facts and circumstances giving rise to such person's claim and why such person is entitled to the funds owed by the plaintiff. The disposition of the proceedings shall be binding upon all parties to the action upon whom service has been made.

F. Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.

G. Exhibits. An exhibit to a pleading is a part thereof for all purposes.

H. Signing of Pleadings. Every pleading, motion and other paper of a party represented by an attorney, shall be signed by at least one attorney of record in the attorney's individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the party's pleading, motion or other paper and state the party's address and telephone number. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of a party or attorney constitutes a certificate by the signer that the signer has read the pleading, motion or other paper; that to the best of the signer's knowledge, information and belief there is good ground to support it; and that it is not filed to delay the proceedings. If a pleading, motion or other paper is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. The signature of a party or attorney constitutes a certificate by the signer that the signer has read the pleading, motion or other paper; that to the best of the signer's knowledge, information and belief, there is good ground to support it; and that it is not filed to delay the proceedings. If a pleading, motion or other paper is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. For a willful violation of this rule an attorney or party may be subjected to appropriate disciplinary or other action. Similar action may be taken if scandalous or indecent matter is inserted. A “signature” means an original signature, a copy of an original signature, a computer generated signature or any other signature otherwise authorized by law.