Form 4-221, Certificate of service, is the New Mexico Supreme Court approved form that a person signs to certify when and how a paper was served in a metropolitan court case. It is printed for use with Metropolitan Court Rules 3-203, 3-204, and 3-205 NMRA and has four service options: mail, fax, e-mail and delivery. On FillingPDF you can fill out the certificate of service online and download or print the completed PDF; the official PDF is published by the New Mexico Courts at nmcourts.gov.
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What is 4-221?
Form 4-221, Certificate of service, is the New Mexico Judicial Branch form, approved by the Supreme Court, on which a person certifies the date and the method by which a paper was served on another party in a metropolitan court case.
The form opens with a sentence you complete: "I hereby certify that on this ___ day of ___, ___ this ___ (insert paper served, such as "answer" or "notice") was" followed by one or more bracketed service methods:
- mailed by United States first class mail, postage prepaid, to a named person at a stated address and telephone number;
- faxed, with the name of the person who faxed the document, the recipient, the telephone number, and the time and date of a transmission reported as complete;
- e-mailed to a party or attorney at an e-mail address, upon agreement of the party to accept electronic service, with the time and date of a transmission reported as complete;
- delivered, with a description of how delivery was made.
It ends with the signature of the person sending the paper and the date of signature. The heading ties the form to Metropolitan Court Rules 3-203, 3-204, and 3-205 NMRA. The Use Note says it may be used in the metropolitan court to prepare a certificate or affidavit of service, that only the applicable parts should be used, and that Rule 3-303 NMRA covers service of papers after the complaint. The form was amended by Supreme Court Order 05-8300-05, effective March 21, 2005, and by Order No. 09-8300-036, effective November 16, 2009.
Who needs to file 4-221?
The person who sends or serves a paper in a New Mexico metropolitan court case uses Form 4-221 to certify how service was made. The form has a signature line for the "person sending paper", so that person completes and signs it.
The Use Note says the form may be used to prepare either a certificate of service or an affidavit of service. It also says to use only the applicable parts: a person who served a paper by mail completes the mailing part and leaves the fax, e-mail and delivery parts unused.
The form is printed for the metropolitan court and cites Metropolitan Court Rules 3-203, 3-204, and 3-205 NMRA. For service of papers after the complaint, the Use Note points to Rule 3-303 NMRA. The form does not say who may sign for another person, so check the rules if someone else will sign.
When to file 4-221
Complete Form 4-221 once you have served a paper in a metropolitan court case, because the form certifies that service already took place on a date you write in the opening sentence. The form prints no separate due date. For service of papers after the complaint, the Use Note refers to Rule 3-303 NMRA.
For fax or e-mail service, the form also asks for the time (a.m. or p.m.) and the date of a transmission that was reported as complete. Date your signature at the bottom when you sign.
How to fill out 4-221
Enter the date of service
In the opening sentence, fill in the day, the month and the year on which the paper was served.
Name the paper served
In the blank after "this", insert the paper served, such as "answer" or "notice", as the form's own examples show.
Keep only the applicable method
The Use Note says to use only the applicable parts. Keep the mail, fax, e-mail or delivery part that matches how you served the paper and leave the rest unused.
Complete the mailing details
For mail, give the recipient's Name, Address, City, State and zip code, and Telephone. The form says the paper was mailed by United States first class mail, postage prepaid.
Complete the fax details
For fax, enter the name of the person who faxed the document, the name of the recipient and the telephone number. Add the time, circling or marking a.m. or p.m., and the date of the transmission reported as complete.
Complete the e-mail details
For e-mail, enter the name of the party or attorney and the recipient's e-mail address. Use this part only upon agreement of the party to accept electronic service, and add the time (a.m. or p.m.) and date.
Describe how delivery was made
For delivery, enter the name of the person the paper was delivered to and specify how service by delivery was made on the lines provided.
Sign and date the certificate
The person sending the paper signs on the Signature of person sending paper line and enters the Date of signature.
Review and download the PDF
Check that the date, the paper served and the one applicable method are complete, then download or print the completed PDF from FillingPDF and follow the court rules for how it is submitted.
How to submit 4-221
The form itself names no filing office, address, portal or deadline. It is a record of how another paper was served, so how and where it goes to the court follows the Metropolitan Court Rules cited at the top of the form, including Rule 3-303 NMRA for papers served after the complaint.
- Complete the applicable part: mail, fax, e-mail or delivery, as the Use Note directs.
- Sign and date: the person sending the paper signs and dates the form.
- Find the rules and forms: the New Mexico Courts publish Supreme Court approved forms at https://nmcourts.gov/forms-library/.
FillingPDF lets you fill out and download the PDF; submission follows the court's own channels and rules.
Common mistakes to avoid
- Completing every service option instead of only the applicable parts; the Use Note says only the applicable parts should be used.
- Leaving the blank for the paper served empty instead of naming it, such as "answer" or "notice".
- Selecting e-mail service without an agreement of the party to accept electronic service, which the form states as the condition.
- Omitting the a.m. or p.m. time or the date of a fax or e-mail transmission that was reported as complete.
- Writing only "delivered" without specifying how service by delivery was made.
- Leaving out the recipient's address, city, state, zip code or telephone number in the mailing part.
- Not signing the form or not entering the date of signature at the bottom.
- Using this form for service of papers after the complaint without checking Rule 3-303 NMRA, which the Use Note cites.
Frequently asked questions
What is a certificate of service in New Mexico Metropolitan Court?
Form 4-221, Certificate of service, is the Supreme Court approved form on which a person certifies the date and method by which a paper was served in a metropolitan court case. It covers service by mail, fax, e-mail or delivery.
Who signs Form 4-221?
The person sending the paper signs. The form has a signature line labeled "Signature of person sending paper" and a line for the date of signature. The form does not address signing on someone else's behalf.
Do I fill out every service option on Form 4-221?
No. The Use Note says only the applicable parts should be used. Complete the mail, fax, e-mail or delivery part that matches how you actually served the paper and leave the others unused.
Can I serve a paper by e-mail with Form 4-221?
Yes, but only upon agreement of the party to accept electronic service, as the e-mail part of the form states. You enter the name of the party or attorney, the e-mail address, and the time and date of a transmission reported as complete.
Is Form 4-221 a certificate or an affidavit of service?
Either. The Use Note says the form may be used in the metropolitan court to prepare a certificate or affidavit of service. Check Rule 3-303 NMRA for service of papers after the complaint.
Where do I file Form 4-221?
The form prints no filing address or portal. It records service of another paper, so follow the Metropolitan Court Rules cited on it, including Rule 3-303 NMRA for papers served after the complaint.
Can I fill out the certificate of service online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the certificate or serve any paper; you follow the court's rules for that.
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