4-704. Motion to set aside default judgment. [For use with Magistrate Court Rule 2-702 NMRA and Metropolitan Court Rule 3-702 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT ________________________________, Plaintiff v. No. ___________ ________________________________, Defendant MOTION TO SET ASIDE DEFAULT JUDGMENT The undersigned asks that the court set aside default judgment dated ___________________, _____, and states: This motion is filed within thirty (30) days from date of judgment; and No appeal has been taken from the judgment; and Undersigned has a defense to present; and My excuse for being in default is: _______________________________________________________________________ _______________________________________________________________________ _________________________________________________________________. ____________________________ (Plaintiff) (Defendant) American LegalNet, Inc. www.FormsWorkFlow.com Date: ______________________ CERTIFICATE OF SERVICE1 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: __________________________________] [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.) 2 American LegalNet, Inc. www.FormsWorkFlow.com ______________________________________________________:] ________________________________ Signature of person sending paper ________________________________ Date of signature USE NOTE 1. A copy of this motion must be served on the other party or attorney for the other party. [As amended by Supreme Court Order No. 05-8300-05, effective March 21, 2005.] 3 American LegalNet, Inc. www.FormsWorkFlow.com 4 American LegalNet, Inc. www.FormsWorkFlow.com