HOW TO ANSWER A CIVIL LAWSUIT
This pamphlet is general in nature and is not designed to give legal advice. The Court does not guarantee
the legal sufficiency of this pamphlet or that it meets your specific needs. Also, as the law is constantly
changing, the information in this pamphlet may not be current. Therefore, you may wish to seek the
advice and assistance of an attorney.
WHAT IS A CIVIL COMPLAINT?
A Civil Complaint is a document filed with the Court that states the claims being made by the Plaintiff and asks
the Court to enforce private rights with a judgment for money against the other party, or some other type of
relief as allowed by law. The Civil Complaint is filed by the Plaintiff with the Court and the person being sued
is called the Defendant.
A Plaintiff and a Defendant must be:
A person at least eighteen (18) years old, a parent of a minor, a guardian, “next friend”, trustee,
executor; or
A business entity, such as a partnership, limited liability company, or a corporation. A corporation must
be sued in its corporate name.
If the Plaintiff or Defendant is a legal entity, such as a corporation or limited liability company, the entity may
be required by law to hire an attorney to represent the entity in a lawsuit.
WHAT IS A SUMMONS?
After the Civil Complaint is filed, the law requires that the Defendant be given notice of the lawsuit. This
notice is called a Summons. The Summons contains the instructions to the Defendant on how to respond to the
lawsuit. It is the responsibility of the Plaintiff to make sure that the Defendant receives proper notice, which
should include a copy of the Civil Complaint, an Answer form, and the Summons, all of which the Plaintiff may
have received in a Service Packet from the Magistrate Court Clerk’s office when they filed a Civil Complaint.
The Court will not mail these documents to the Defendant for the Plaintiff.
The Plaintiff is prohibited by law from delivering the Service Packet to the Defendant. Instead, the Plaintiff
must have one of the following persons deliver the Service Packet to the Defendant at the Plaintiff’s additional
expense (Plaintiff is responsible for providing extra copies as required by the person who may serve
documents):
The Sheriff of the county where the Defendant may be found;
A private process server; or
Any person eighteen (18) years of age or older who is not a party in the lawsuit.
There are specific rules that must be followed to give proper notice of the lawsuit to the Defendant. If the
Defendant is a person, the two (2) basic ways to serve the Defendant properly are by:
1. MAIL: Mailing the Civil Complaint, Summons, an Answer form, two (2) copies of an Acknowledgment
of Service form, and a return, prepaid envelope to the Defendant. If no Acknowledgement of Service is
received by the Plaintiff within twenty (20) days after the date of mailing plus three (3) days as
provided by Rule 2-104, service of the Summons, Civil Complaint and Answer shall be made by a person
as described above, by Personal Service. A Defendant does not have to sign the Acknowledgment of
Service, but may have to pay the costs of personal service if the Acknowledgment of Service is not
completed and returned to the sender within twenty-three (23) days after it was mailed, even if the
Defendant wins the lawsuit.
2. PERSONAL SERVICE: a) Delivering a copy of the Civil Complaint Summons, and Answer form
directly to the Defendant.; b) If the Defendant refuses to accept service, it can be left at the location
where Defendant has been found, and service shall be considered valid; c) If the Defendant is not
present, service can be made by delivering a copy of the process to some person residing at the usual
abode of the Defendant who is over the age of fifteen (15); and d) If no person is present or willing to
accept service, the copies can be posted in the most public part of the Defendant’s premises and then
mailed to the Defendant at their last known mailing address.
If the Defendant is a legal business entity, such as a corporation or partnership, the Service Packet must be
given to the Registered Agent, an officer, managing agent, general partner, or other person in charge of the
entity. A copy of the Service Packet must also be mailed to the Defendant.
WHAT IS AN ANSWER AND WHAT IS THE TIME LIMIT TO FILE IT?
An Answer is a written reply to a Civil Complaint. When sued, the Answer is Defendant’s chance to explain
Defendant’s side of the case to the Court. After the Defendant is served with the Civil Complaint and
Summons, the Defendant must file with the Court an Answer or some other responsive pleading (such as a
Motion to Dismiss) within twenty (20) days from the date the Defendant was served the Civil Complaint and
Summons. The Defendant must also serve a copy of what is filed with the Court on the Plaintiff.
An Answer form should be attached to the Civil Complaint and Summons in the Service Packet. Answer forms
are also available at the Magistrate Court or the New Mexico Judiciary’s website (www.nmcourts.gov).
WHAT SHOULD BE INCLUDED IN THE ANSWER?
In the Answer to Civil Complaint, Defendant should state whether Defendant admits or denies Plaintiff’s
claims made in the Civil Complaint. Defendant may also include any explanations or defenses Defendant may
have to the claims. Defendant should also include their current mailing address. A copy of the Answer must be
mailed by the Defendant to the Plaintiff, and to all of the other parties involved in the lawsuit. In the Answer,
Defendant may also request a jury (see below for more information on jury requests). Defendant may also file a
Counterclaim, Cross-Claim, or a Third-Party Complaint.
CAN A JURY BE REQUESTED?
Either party may request a jury trial. The Plaintiff must make the request when the Civil Complaint is filed.
The Defendant does not need to request a jury if the Plaintiff already has done so, but if not, the Defendant
must request a jury trial when filing the Answer. The Court charges additional fees for a jury trial. All jury fees
must be paid by the party requesting the jury at the time of filing the Civil Complaint or Answer form. If a jury
trial is not requested in the Civil Complaint or Answer to Civil Compliant, trial by jury is deemed waived.
WHO WILL BE THE JUDGE?
Cases are randomly assigned to a Judge at the time the case is filed. In a civil case, Plaintiff may excuse a
Judge within ten (10) days after the Civil Complaint is filed or service of notice of assignment of the case to a
judge by the court, whichever is later. The Defendant may excuse the Judge within ten (10) days after an
Answer to Civil Complaint is filed or service of notice of assignment of the case to a judge by the court,
whichever is later. If a Judge is excused, a new Judge will be randomly assigned to the case. Unless a jury is
requested, the Judge will make all of the decisions in the case.
WHAT ARE THE COURT AND JURY FEES AND COSTS?
The Plaintiff is responsible for the filing fee. If you need to obtain copies of any Court documents, the charge is
$0.50 per page.
If a jury is requested, the Court charges a $25.00 non-refundable jury fee and a $75.00 jury deposit. The jury fee
and jury deposit must be paid separately and at the time of the filing a jury request. The jury deposit may be all
or partially refundable.
METHODS OF PAYMENT
Personal checks are not accepted. Acceptable forms of payment are: Cash ($20 are the largest bills accepted),
Money Orders, Cashier’s Checks, and Debit/Credit cards (with a 2.4% surcharge). Make money orders and
checks payable to “Dona Ana County Magistrate Court”. Attorneys may pay fees by official business firm
checks.
WHAT HAPPENS IF AN ANSWER OR SOME OTHER PLEADING IS NOT FILED?
If the Defendant does not file an Answer to Civil Complaint or some other appropriate pleading in response to
the Civil Complaint within twenty (20)_days after service of the Civil Complaint and Summons, the Plaintiff
may request that the Court enter a Default Judgment against the Defendant and in favor of the Plaintiff without
a hearing. However, the Defendant may file a request for the Court to set aside a Default Judgment by providing
a good reason why they failed to file an Answer or appear at the trial within thirty (30) days of the entry of the
Default Judgment. (See also Motions pamphlet.)
A Default Judgment means that the Plaintiff may win the lawsuit automatically and usually will be given the
dollar amount or other relief requested in the Civil Complaint. Therefore, it is extremely important that the
Defendant file a timely Answer or other appropriate pleading with the Court, if a Defendant wants to contest
the Civil Complaint.
WHAT IS A COUNTERCLAIM?
On occasion, the Defendant may have a claim against the Plaintiff. This is called a Counterclaim and is usually
based on the same dispute or set of facts. The Defendant must include any Counterclaim they have against the
Plaintiff in the Answer, briefly explaining the facts and circumstances supporting the Counterclaim.
WHAT IS A CROSS-CLAIM?
If the Defendant believes another Defendant named in the case is responsible for the damages claimed by the
Plaintiff, then the Defendant may include that in the Answer. This is called a Cross-Claim. A Cross-Claim is a
lawsuit against another Defendant in the same lawsuit based on the same dispute or set of facts.
WHAT IS A THIRD-PARTY COMPLAINT?
A Third-Party Complaint is a lawsuit against a party, who has not been named in the lawsuit, but whom the
Defendant believes is responsible for the damages being claimed by the Plaintiff. A Third-Party Complaint
must be filed within ten (10) days upon service of the Answer on the Plaintiff. When a Third-Party Complaint
is filed, the additional parties are required to be joined in the lawsuit. These additional parties are called Third-
Party Defendants. At the time the Third-Party Complaint is filed, the Clerk will prepare a Service Packet that
the Defendant will need to have served on each Third-Party Defendant. It is the Defendant’s responsibility
to have the Third Party Service Packet served on each Third-Party Defendant. The Service Packet is served
on the Third-Party Defendant in the same manner that Defendant was served with notice of the lawsuit. (See
“What is a Summons?” section above.) A copy of the Third-Party Complaint must be sent to all other parties by
mail, facsimile, or electronic means.
Note that the damages claimed by the Defendant on the Counterclaim, Cross-Claim, and/or Third-Party
Complaint cannot exceed $10,000 and must be the type of case that the Magistrate Court may consider. (See
How to File a Civil Lawsuit pamphlet.)
Note that a copy of any document filed by any party with the Court must be sent to all other parties involved in
the lawsuit by mail, facsimile or electronic means.
WHAT HAPPENS AFTER AN ANSWER IS FILED?
After the Answer is filed, the parties may proceed to prepare for Trial. The Court may refer the parties to an
Alternative Dispute Resolution proceeding, also known as Mediation, to encourage a Pretrial settlement. If the
case is not settled through mediation or other negotiations, the Court will schedule a Pretrial hearing and/or
Trial. (See Pre-Trial/Trial pamphlet.)
The Plaintiff is required to give the Defendant a Witness List and an Exhibit List at least twenty (20) days
before the trial or as ordered by the Judge. The Defendant is required to give the Plaintiff a Witness and an
Exhibit List at least fifteen (15) days before trial or as ordered by the Judge. (See Pre-Trial/Trial pamphlet.)
Other Pamphlets and Forms are available at the Magistrate Court or New Mexico’s Judiciary website
(www.nmcourts.gov).
