A motion for default judgment, Form 4-702, is the New Mexico Judicial Branch form on which a plaintiff asks the court to enter a default judgment against a defendant who has not appeared or answered. It is printed for use with Rules 2-702 and 3-702 NMRA and lists the damages, costs and fees the plaintiff wants included in the total judgment. On this page you can fill out the form online on FillingPDF 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 4-702?
Form 4-702, Motion for default judgment, is the New Mexico Supreme Court approved form a plaintiff uses to ask the court to enter a default judgment when a defendant has failed to appear or to file an Answer or other responsive pleading to the Complaint.
The form is marked "For use with Rules 2-702 and 3-702 NMRA" and carries the standard New Mexico caption: the court, the county, the plaintiff, the defendant and the case number. In the body, the plaintiff states the facts that support the request, each next to a box:
- the date the Complaint was filed;
- the date the Summons, Complaint, and Answer form were served on the defendant(s);
- that the defendant(s) failed to appear or to file an Answer or other responsive pleading;
- the date the return of service was filed with the court;
- that an affidavit or affirmation about the defendant's (or defendants') military status was filed earlier or is attached.
The motion then lists the damages, costs and fees the plaintiff asks the court to include: damages, attorneys' fees (if allowable), interest (if allowable), filing fee, service fee, witness fees, and the total judgment.
The use note says the military status requirement may be met by completing and filing Form 4-702A NMRA, which is a separate form. The New Mexico courts publish Form 4-702 in the Civil section of their forms library. The form is a request to the court and does not itself enter a judgment.
Who needs to file 4-702?
The plaintiff in a New Mexico court case who wants a default judgment because a defendant has not appeared or filed an Answer or other responsive pleading to the Complaint uses this form.
- Plaintiffs with a lawyer: the form has a signature line for the Attorney for Plaintiff.
- Plaintiffs without a lawyer: if the plaintiff is not represented by an attorney, the plaintiff must complete the affirmation at the bottom, stating under penalty of perjury under the laws of the State of New Mexico that the statements in the motion are true and correct, and sign it with a date and printed name.
- Cases with more than one defendant: the form has room to name several defendants and uses the singular or plural wording as needed, so one motion can cover the defendants who defaulted.
The form is written for the plaintiff. It also assumes that the plaintiff has already served the defendant and that a return of service has been filed, and it asks about the defendant's military status, which may be covered by Form 4-702A NMRA.
When to file 4-702
The triggering event is the defendant's failure to appear or to file an Answer or other responsive pleading to the Complaint after being served. The form asks you to state the filing date of the Complaint, the date of service of the Summons, Complaint, and Answer form, and the date the return of service was filed with the court, so those steps come first. The form prints no separate deadline and no waiting period. The military status affidavit or affirmation may have been filed previously or may be attached to the motion, so have it ready, or complete Form 4-702A NMRA, when you file the motion. For any time limits, check Rules 2-702 and 3-702 NMRA, which the form cites.
Documents you need
- An affidavit or affirmation regarding the defendant's (or defendants') military status: either filed earlier in the case or attached to this motion. The use note says Form 4-702A NMRA may be used for it.
How to fill out 4-702
Complete the case caption
Write the name of the court and the county, the plaintiff's name, the defendant's name and the case number (No.) exactly as they appear in your existing case.
State the Complaint filing date
In the first statement, enter the day, month and year the Complaint was filed, and mark the box.
Enter the service date
In the second statement, enter the day, month and year the Summons, Complaint, and Answer form were served on the defendant(s), and mark the box.
Name the defendants who defaulted
In the third statement, write the name of each defendant who failed to appear or to file an Answer or other responsive pleading, and choose have or has to match.
Enter the return of service date
In the fourth statement, give the date the return of service was filed with the court.
Confirm the military status affidavit
Mark the box if an affidavit or affirmation about the defendant's military status was previously filed or is attached, choosing defendant's or defendants'. Form 4-702A NMRA may be used.
List damages, costs, and fees
Enter amounts for damages, attorneys' fees (if allowable), interest (if allowable), filing fee, service fee and witness fees, and add them for the Total Judgment line.
Sign as attorney or affirm
An attorney signs on the Attorney for Plaintiff line. If the plaintiff has no attorney, the plaintiff completes the affirmation: name, date, signature and printed name.
Review and download the PDF
Check the dates, the names, the amounts and the total, then download or print the completed PDF from FillingPDF and file it with the court as described under How to submit.
How to submit 4-702
The form is directed to the court named in its caption, and the return of service it refers to is filed with that same court. The form prints no mailing address, e-filing portal or filing instructions of its own.
- Where it goes: the court and county you write in the caption, under the case number of your existing case.
- What goes with it: an affidavit or affirmation about the defendant's military status, either filed earlier or attached to the motion. The use note says Form 4-702A NMRA may be used for this.
- Signature: the Attorney for Plaintiff signs, or an unrepresented plaintiff signs the affirmation with the date and printed name.
For the filing method, hours, any fee and local practice, contact the clerk of the court where your case is pending. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Leaving out the military status affidavit or affirmation: the form asks you to state that it was previously filed or is attached, and Form 4-702A NMRA may be used.
- Signing as Attorney for Plaintiff when you have no lawyer, instead of completing the affirmation that an unrepresented plaintiff must complete.
- Skipping the affirmation's date, signature or printed name when you represent yourself.
- Not entering the dates of filing the Complaint, serving the Summons, Complaint, and Answer form, and filing the return of service.
- Listing attorneys' fees or interest that are not allowable; the form lists both only "if allowable."
- Leaving the case number, court or county blank in the caption, so the motion cannot be tied to the existing case.
- Not choosing the right wording (have/has, defendant's/defendants') when only one defendant or several defendants are involved.
- Entering a Total Judgment that does not match the damages, fees, interest and costs listed above it.
Frequently asked questions
What is Form 4-702, Motion for default judgment?
It is the New Mexico Supreme Court approved form a plaintiff uses to ask the court to enter a default judgment when a defendant has failed to appear or to file an Answer or other responsive pleading to the Complaint. It is for use with Rules 2-702 and 3-702 NMRA.
Who signs the motion for default judgment if I have no lawyer?
If you are not represented by an attorney, you complete the affirmation at the bottom of the form: you affirm under penalty of perjury under New Mexico law that the statements are true, then add the date, your signature and your printed name.
Do I need a military status affidavit with the motion?
The form asks you to state that an affidavit or affirmation about the defendant's military status was previously filed or is attached. The use note says you may meet this by completing and filing Form 4-702A NMRA.
What amounts can I request on Form 4-702?
The form lists damages, attorneys' fees (if allowable), interest (if allowable), filing fee, service fee and witness fees, followed by a Total Judgment line. Enter only the items that apply to your case and add them for the total.
Can I fill out the motion for default judgment 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 motion with the court; you file it through the court's channels.
Where do I file the motion for default judgment?
File it in the court and county shown in your case caption, under your existing case number. The form prints no address or portal, so ask the clerk of that court how it accepts filings.
When can I file a motion for default judgment?
After the defendant has been served and has failed to appear or to file an Answer or other responsive pleading. The form asks for the filing date of the Complaint, the service date and the date the return of service was filed. For any time limits, see Rules 2-702 and 3-702 NMRA.
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