Form 4-113, Notice of hearing. (Magistrate and Metropolitan), is the New Mexico Judicial Branch form that tells the parties in a civil case where and when a judge will hear the matter. It is a Supreme Court approved form for use with Magistrate Court Civil Rule 2-307 NMRA and Metropolitan Court Civil Rule 3-307 NMRA. On this page you can fill out the notice of hearing online on FillingPDF and download or print the completed PDF; the original form is published by the New Mexico courts at nmcourts.gov.
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What is 4-113?
Form 4-113, Notice of hearing. (Magistrate and Metropolitan) is a New Mexico Supreme Court approved form that gives notice of a hearing in a case, naming the judge, the courthouse, the room, the date and time, the time allotted and the matters to be heard.
The form is printed for use with Magistrate Court Civil Rule 2-307 NMRA and Metropolitan Court Civil Rule 3-307 NMRA. It carries the standard New Mexico caption: the court, the county, the case number, and the names of the plaintiff and the defendant.
The body of the notice says that a named judge will hear the case in a county courthouse, at a street address and room, on a stated date and time. It then states how much time, in minutes or hours, is allotted for the hearing and on what matters. The notice closes with the date it was mailed, delivered or faxed and a signature line for the judge.
Two use notes are printed on the form. The first asks anyone with a disability to tell the clerk of the court the nature of it at least five (5) days before any hearing, so appropriate accommodations can be made. The second says to specify the matters to be heard.
The form is published by the New Mexico Judicial Branch among its Supreme Court approved forms. It is a notice of hearing for the Magistrate and Metropolitan courts only; the revision printed on it reads "Approved, effective March 21, 2005."
Who needs to file 4-113?
Form 4-113 is for civil cases in the Magistrate Court and the Metropolitan Court in New Mexico. It is the notice of hearing that accompanies Magistrate Court Civil Rule 2-307 NMRA and Metropolitan Court Civil Rule 3-307 NMRA, the two rules printed at the top of the form.
The form is addressed to the parties named in the caption, the plaintiff and the defendant, who learn from it where and when the hearing takes place. It ends with a signature line for the judge, so the notice is issued under the judge's name.
Anyone who receives a hearing notice on this form and has a disability should read the first use note: tell the clerk of the court about the nature of the disability at least five (5) days before any hearing so the court can make appropriate accommodations.
The form is printed for the Magistrate and Metropolitan courts. It does not say that it may be used in other New Mexico courts, so check the courts' forms library at nmcourts.gov for the notice that fits another court.
When to file 4-113
The form is used when a hearing is set in a case in Magistrate Court or Metropolitan Court and the parties must be told its date, time and place. The notice records the date it was mailed, delivered or faxed, so it is completed when the hearing is scheduled and sent out.
The form prints no deadline of its own for sending the notice. Its rules are cited at the top: Magistrate Court Civil Rule 2-307 NMRA and Metropolitan Court Civil Rule 3-307 NMRA.
For the hearing itself, the use note asks anyone who needs accommodations for a disability to tell the clerk of the court at least five (5) days before any hearing.
How to fill out 4-113
Enter the court and county
In the caption, write the name of the court on the line after "IN THE" and the county on the line above "COUNTY." The form is for the Magistrate or Metropolitan Court.
Enter the case number
Write the case number on the line after "No." at the top right of the caption.
Name the plaintiff and defendant
Write the plaintiff's name on the line before "Plaintiff" and the defendant's name on the line before "Defendant."
Name the judge and courthouse
After "The Honorable," write the judge's name. Then enter the county of the courthouse, its street address and the room number.
Enter the hearing date and time
Fill in the day of the week, the day, the month and the year, then the time. Choose a.m. or p.m.
State the time allotted
Enter the amount of time for the hearing and choose minutes or hours.
Specify the matters to be heard
On the line after "is allotted for the hearing on," write the matters to be heard, as use note 2 asks.
Mark how notice was given
In the line that begins "Notice," choose mailed, delivered or faxed and enter the day, month and year it was done.
Review, sign and download the PDF
Check each entry and leave the judge's signature line for the judge. Download or print the completed PDF from FillingPDF and give notice through the method you marked.
How to submit 4-113
The form itself names three ways of giving notice: it is marked as mailed, delivered or faxed, and you enter the day, month and year of that action in the last line above the judge's signature. It prints no mailing address, portal or office, so the notice goes to the parties through the method you mark.
- Mailed, delivered or faxed: choose the one that applies and write the date on the line that begins "Notice."
- Signature: the judge's signature line is at the bottom of the form.
- Disability notice: the clerk of the court receives any report of a disability, at least five (5) days before the hearing.
For questions on the court's procedures, contact the clerk of the court where the case is pending. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the court, county or case number blank in the caption at the top of the form.
- Not marking which of mailed, delivered or faxed applies, or leaving the date of notice empty.
- Omitting whether the hearing time is a.m. or p.m.
- Entering the time allotted without choosing minutes or hours.
- Writing a vague entry on the line for the matters to be heard; the use note says to specify them.
- Leaving out the street address or the room number of the courthouse.
- Using this form for a court other than the Magistrate or Metropolitan Court; the form is printed for those two courts.
- Sending the notice without the judge's signature on the line at the bottom.
Frequently asked questions
What is Form 4-113, Notice of hearing?
Form 4-113 is a New Mexico Supreme Court approved notice of hearing for the Magistrate and Metropolitan courts. It tells the parties which judge will hear the case, where, when, for how long and on which matters.
Which courts use Form 4-113?
The Magistrate Court and the Metropolitan Court. The form is printed for use with Magistrate Court Civil Rule 2-307 NMRA and Metropolitan Court Civil Rule 3-307 NMRA, and it carries no reference to any other court.
Can I fill out the notice of hearing online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file or send the notice; it is given to the parties by mail, delivery or fax.
What do I put for the matters to be heard?
Write the specific matters the court will hear on the line after "is allotted for the hearing on." Use note 2 on the form says to specify the matters to be heard, so a clear description is expected.
What if I need accommodations for a disability at the hearing?
Tell the clerk of the court the nature of your disability at least five (5) days before the hearing. Use note 1 on the form says this is so appropriate accommodations can be made.
How is notice of the hearing given?
The form lists mailed, delivered or faxed. Mark the one used and write the date on the line that begins "Notice." The form does not print any address or portal for sending it.
Who signs Form 4-113?
The judge. The form ends with a signature line labeled "Judge." It has no other signature block.
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