New Mexico Statutes

N.M. Stat. § 47-8-43 (2026)

Issuance of summons

✓ current as of May 2026

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A. The summons shall be issued and directed, with a copy of the petition attached to the summons, and shall state the cause of the complaint, the answer day for other causes of action and notice that if the defendant fails to appear, judgment shall be entered against him. The summons may be served pursuant to the New Mexico rules of civil procedure and returned as in other cases. Trial of the action for possession shall be set as follows:

(1) for any matter brought by the owner for possession, not less than seven or more than ten days after the service of summons; or

(2) for any matter brought by the resident for possession, not less than three or more than five days after the service of summons.

B. Upon finding of good cause, the court may continue the date of hearing on the action for possession for up to seven days from the date of the initial hearing.

History: 1953 Comp., § 70-7-43, enacted by Laws 1975, ch. 38, § 43; 1995, ch. 195, § 20.

ANNOTATIONS

Cross references. — For the Rules of Procedure for the District Courts, see Rule 1- 001 NMRA et seq.

The 1995 amendment, effective July 1, 1995, designated the existing language as Subsection A; in Subsection A, in the second sentence inserted "pursuant to the New Mexico rules of civil procedure" following "served" and deleted "or by any authorized person" from the end, deleted the former third sentence which read "The person making the service shall file with the court an affidavit stating with particularity the manner in which he made the service", substituted "shall be set as follows" for "shall be not less than seven nor more than ten days after the service of summons" at the end of the fourth sentence, added Paragraphs (1) and (2), and made minor stylistic changes throughout the subsection; and added Subsection B. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Landlord and Tenant § 741.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2023 · leading case: White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021).

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White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). · cites it 3× “” Although it nevertheless concluded that the magistrate court had “improperly held trial within [three] days of service of the summons” contrary to Section 47-8-43, the court believed that “[j]udicial efficiency and equity demand[ed] that [the] matter proceed to trial de novo…”

Coughlin v. CAI, LLC (N.M. Ct. App. 2014). · cites it 2× “, NMSA 1978, § 47-8-43 (1995) 13 (requiring that a trial of the action for possession shall be set “not less than seven or 14 more than ten days after the service of summons”); NMSA 1978, § 47-8-46 (1995) 15 (requiring that a writ of restitution be executed “not less than three…”

Blochhouse, LLC v. Trujillo (N.M. Ct. App. 2023). “” We discern no abuse of discretion. The bifurcated and expedited procedure is permitted by both UORRA and the rules.”

— N.M. Stat. § 47-8-43(A) — 1 case

White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “” Although it nevertheless concluded that the magistrate court had “improperly held trial within [three] days of service of the summons” contrary to Section 47-8-43, the court believed that “[j]udicial efficiency and equity demand[ed] that [the] matter proceed to trial de novo…”

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