Civil summons, Form 4-204, is the New Mexico Supreme Court approved form that a court issues to tell a defendant that a lawsuit has been filed and that a written response is due within twenty days after service. It is for use with Rules 2-202 and 3-202 NMRA and ends with a Return section where the person who serves it records how and when service was made. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official form is published by the New Mexico Judicial Branch at nmcourts.gov.
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What is 4-204?
Form 4-204, Civil summons, is the New Mexico Supreme Court approved form that notifies a defendant a lawsuit has been filed and requires a written response to the complaint within twenty days after the summons has been served.
The form is printed "for use with Rules 2-202 and 3-202 NMRA" and is issued by the court, with a signature line for the Clerk. Its first part carries the case caption (court, county, plaintiff, defendant, case number and judge assigned) and a notice addressed to the defendant. The notice says that a copy of the complaint and an answer form are attached, that the defendant must file a written response with the court and give or mail a copy to the person who signed the complaint, and that failing to respond can lead to a default judgment. It also tells the defendant how to find a lawyer through the State Bar of New Mexico, how to ask for a jury trial and how to ask for an interpreter.
The second part is the Return. The person who serves the summons completes it to show where, when and how service was made, and it is sworn before a judge, notary or other authorized officer unless the sheriff or a deputy sheriff made service. Separate certificates cover service by posting and service by mail.
The summons is not the answer form. The answer form is attached at service and is governed by Rules 4-301 and 4-302 NMRA. When service is by mail, Civil Form 4-208 NMRA must also be completed and mailed with the summons.
Who needs to file 4-204?
The form is used in a New Mexico civil lawsuit in which a court issues a summons to a defendant. The defendant is the person named after "TO:" at the top, and that person receives it together with the complaint and an answer form. The person who delivers the summons completes the Return section.
Conditions the form's Use Notes set:
- A separate summons must be used for each defendant.
- An answer form must be attached to the summons when it is served.
- If the sheriff or a deputy sheriff of a New Mexico county makes service, that signature need not be notarized.
- If service is by mail, Civil Form 4-208 NMRA must be completed and mailed with the summons.
- The paragraph about tape recordings is for use only if the summons is issued by the Metropolitan Court.
The person who serves the summons states under oath that they are over eighteen and, except for service by sheriff or deputy, not a party to the lawsuit. The summons itself tells a defendant that they may wish to consult a lawyer and gives the State Bar of New Mexico contact details.
When to file 4-204
The key date is the defendant's: a written response to the complaint is due within twenty (20) days after the summons has been served on the defendant. If no response is filed in that period, no court date will be set and the court may enter a default judgment for the money or other relief requested in the complaint.
The summons is served together with a copy of the complaint and an answer form. After service, the person who served it completes the Return with the county, the day, month and year of service and the manner of service. The form prints no separate deadline for returning it; for any filing rule beyond the form itself, check Rules 2-202 and 3-202 NMRA or ask the court clerk.
Documents you need
- A copy of the complaint, delivered with the summons to the defendant at service.
- An answer form, attached to the summons at the time of service; see Rules 4-301 and 4-302 NMRA.
- Civil Form 4-208 NMRA, completed and mailed with the summons, only when service is by mail.
- Two copies of the notice and acknowledgment and a postage-prepaid return envelope, only when service is by mail.
- A separate summons for each defendant when there is more than one defendant.
- A copy of the summons, complaint and answer form mailed first class to the person served, only when service is by posting.
How to fill out 4-204
Complete the case caption
Enter the court, the county, the plaintiff's name, the defendant's name, the case number (No.) and the judge assigned.
Address the summons to the defendant
On the TO: line enter the defendant's name and on ADDRESS: the defendant's address. Use a separate summons for each defendant.
Enter the court's street address
Under "Your answer must be filed with the court, which is located at:" write the street address of the court.
Enter the plaintiff's contact details
Give the name and address of the plaintiff or the plaintiff's attorney, where a copy of the answer or responsive pleading must be mailed.
Handle the Metropolitan Court paragraph
Keep the tape-recording paragraph only if the summons is issued by the Metropolitan Court; it is marked for use only in that case.
Add the Clerk's signature
The summons is court issued and has a signature line for the Clerk.
Record the service in the Return
The person serving enters the county, the day, month and year, and how the summons, complaint and answer were delivered, using the certificate for service by sheriff or deputy where it applies.
Check one service method
Check one box that matches how service was made and fill in the blanks, such as the person served and the address. Enter any fees on Fees:.
Sign, title and swear the Return
The person making service signs and gives a title. Unless the sheriff or a deputy served it, the signature is sworn before a judge, notary or other officer, who adds the date and official title.
Complete the posting or mail certificate
If service was by posting, complete the posting certificate with the name and address of the person mailed to, place of mailing and date. If service was by mail, complete the mail certificate and attach Civil Form 4-208 NMRA.
Review and download the completed PDF
Check names, case number, addresses and the box selected, then download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit 4-204
The summons is not mailed to an agency. It is delivered to the defendant, and the defendant's response goes to the court.
- Personal delivery or other service by hand: the summons, a copy of the complaint and an answer form are delivered to the defendant, or to another person the Return lists (a person over fifteen living at the defendant's usual home, an authorized agent, a parent, guardian or custodian of a minor or incompetent person, or an authorized officer of a corporation, association, land grant board of trustees, the State of New Mexico or a political subdivision).
- Posting: used if no person is found at the home or usual place of residence. A copy is posted in the most public part of the usual home and also mailed first class, postage prepaid; the person posting and the person mailing each sign a return.
- Mail: the summons, complaint, answer form, two copies of the notice and acknowledgment and a prepaid return envelope go by first class mail, with Civil Form 4-208 NMRA.
The defendant files the written response with the court in person or by mail, at the court address printed on the summons, and gives or mails a copy to the plaintiff or the plaintiff's attorney at the name and address shown. A jury fee is paid when a jury trial is requested in the response. FillingPDF lets you fill out and download the PDF; submission follows the court's channels above.
Common mistakes to avoid
- Using one summons for several defendants; the Use Notes require a separate summons for each defendant.
- Serving the summons without attaching an answer form; it must be attached at the time of service.
- Serving by mail without completing and mailing Civil Form 4-208 NMRA with the summons.
- Serving by posting without also mailing a copy to the person served; the person posting and the person mailing each sign a return.
- Checking more than one box in the Return, or none; the person serving must check one box and fill in the matching blanks.
- Leaving the Return unsworn when service was not made by a sheriff or deputy; it must be subscribed and sworn before a judge, notary or other authorized officer.
- Leaving the court's street address or the plaintiff's name and address blank, so the defendant cannot tell where to file or mail the response.
- Keeping the Metropolitan Court tape-recording paragraph on a summons not issued by the Metropolitan Court.
Frequently asked questions
What is a civil summons in New Mexico?
A civil summons is a court-issued notice, Form 4-204, telling a defendant that a lawsuit has been filed. The complaint and an answer form are attached, and the defendant must file a written response within twenty days after the summons is served.
How long do I have to respond to a civil summons?
Twenty (20) days after the summons has been served on you. File your written response with the court, in person or by mail, and give or mail a copy to the person who signed the complaint.
What happens if I do not respond to the summons?
No court date will be set, and the court may enter a default judgment against you for the money or other relief requested in the complaint. You may also give up defenses, such as that you do not owe the plaintiff or that too much time has passed.
Do I need a separate summons for each defendant?
Yes. The Use Notes on Form 4-204 say a separate summons must be used for each defendant, and an answer form must be attached to each summons at the time of service.
Can I fill out Form 4-204 online?
Yes. You can fill out the form online on FillingPDF and download or print the completed PDF. FillingPDF is an independent service and does not serve, file or issue the summons; the court and the process server handle those steps.
How can a summons be served on the defendant?
The Return lists delivery to the defendant, to a person over fifteen at the defendant's home, to an authorized agent, to a parent or guardian of a minor or incompetent person, to an authorized officer of an entity, posting with mailing, or service by mail.
Does the person who serves the summons have to be notarized?
The Return is sworn before a judge, notary or other officer authorized to administer oaths. If service is made by the sheriff or a deputy sheriff of a New Mexico county, that signature need not be notarized.
What form is needed when serving by mail?
Civil Form 4-208 NMRA must be completed and mailed with the summons. The mail certificate also lists the complaint, an answer form, two copies of the notice and acknowledgment and a prepaid return envelope.
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