4-206 Form: New Mexico District Court Summons

New Mexico 4-206 Summons Form: Details and Requirements

The 4-206 form is the official summons used in New Mexico District Court civil cases, established under Rule 1-004 NMRA. When a plaintiff files a complaint, the court issues this document to formally notify the defendant of the legal action. The summons tells the defendant exactly what they must do and when they must do it.

Response deadline: After receiving the summons, the defendant must file a written answer or motion with the court within 30 days. The day of service is not counted in the 30-day period. Missing this deadline allows the plaintiff to request a default judgment, which the court may grant without a hearing.

Methods of service: The 4-206 summons can be served by personal delivery, certified mail, or commercial courier service. The person delivering the summons must be at least 18 years old and cannot be a party to the lawsuit. For defendants who are minors or legally incompetent, a court order may be required before service is completed.

Service on corporations: When the defendant is a corporation, limited liability company, or other legal entity, service must be made on an officer, managing agent, or registered agent of the business. State law and court rules specify which individuals qualify for acceptance of service on behalf of each type of entity.

Proof of service: After delivering the summons, the server completes the return-of-service section at the bottom of the form. This section documents the method used, the date of delivery, and the name of the person served. The completed return is filed with the district court clerk as official proof that the defendant received notice.

Need related civil court documents? See our Summons and Complaint form or the Civil Case Information Sheet to complete your New Mexico district court filing.