4-305. Notice of dismissal of complaint. [For use with Magistrate Court Rule 2-305 NMRAand Metropolitan Court Rule 3-305 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ___________________ COURT ________________________________, Plaintiff v. No. __________ ________________________________, Defendant NOTICE OF DISMISSAL OF COMPLAINT1 Plaintiff hereby dismisses plaintiff's complaint without prejudice. ______________________________________ Plaintiff or attorney for plaintiff 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: __________________________________] 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 form may not be used if the defendant has filed an answer or other responsive pleading. Civil Form 4-306A NMRA is used if the defendant has filed an answer or other responsive pleading. 2 American LegalNet, Inc. www.FormsWorkFlow.com 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 the court. [As amended, effective November 1, 2000; as amended by Supreme Court Order No. 05-8300-05, effective March 21, 2005.] 3 American LegalNet, Inc. www.FormsWorkFlow.com