4-301. Answer to civil complaint. [For use with Magistrate Court Rule 2-302 and Metropolitan Court Rule 3-302] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT ________________________________, Plaintiff v. No. __________ ________________________________, Defendant ANSWER TO CIVIL COMPLAINT1 1. The Plaintiff is not entitled to the amount claimed because: _________________________________________________________________________ _________________________________________________________________________ ______________________________________________________________________. or 1. The personal property claimed by Plaintiff should not be turned over to Plaintiff because: ________________________________________________________________________ _____________________________________________________________________. 2. (If applicable) Defendant asserts the following counterclaim or set-off against Plaintiff: ________________________________________________________________ _______________________________________________________________________. American LegalNet, Inc. www.FormsWorkFlow.com 3. Trial by jury is (not) demanded. (If Plaintiff has already demanded trial by jury, as indicated in the complaint, a jury will be provided automatically and you need not fill in this item. If Plaintiff has not demanded trial by jury, you may do so here, but if you do you must pay an additional cost upon filing this answer.) _________________________ Date ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, State and zip Code (print) ________________________________ Telephone number CERTIFICATE OF SERVICE2 I hereby certify that on this ____ day of ______________, ______ this ______________ (insert paper served, such as "answer" or "notice") was [mailed by United States first class mail, postage prepaid, and addressed to: Name: __________________________________ Address: __________________________________ City, State and zip code: __________________________________] 2 American LegalNet, Inc. www.FormsWorkFlow.com [faxed by ________________________ (name of person who faxed document) to ______________________ (name of recipient) at _________________ (telephone number). The transmission was reported as complete. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).]] [e-mailed to ______________________ (name of party or attorney) at _________________ (electronic mail address of recipient) upon agreement of the party to accept electronic service. The transmission was reported as complete. The time and date of the transmission was _________ (p.m.) (a.m.) on _____________________ (date)].] [delivered to __________________________ (Specify how service by delivery was made. See Use Note 1 for the methods service may be made using this alternative) ______________________________________________________:] ________________________________ Signature of person sending paper ________________________________ Date of signature USE NOTES 1. This Answer must be filed with the court on or before the date set in the Summons. 2. This request must be served on all other parties pursuant to Rule 2-203 NMRA or Rule 3-203 NMRA. See also Rule 2-307 NMRA for how motions are presented to 3 American LegalNet, Inc. www.FormsWorkFlow.com the court. [As amended, effective January 1, 1995; as amended by Supreme Court Order No. 05-8300-05, effective March 21, 2005.] 4 American LegalNet, Inc. www.FormsWorkFlow.com