Form 9-221, Certificate of service, is the New Mexico Supreme Court-approved form that states how a paper was served on another party in a Metropolitan Court case. An attorney who serves a paper signs the certificate; anyone else who serves a paper completes the affidavit of service printed on the same form. On this page you can fill out the certificate of service 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 9-221?
Form 9-221, Certificate of service, is the New Mexico Supreme Court-approved form that records how and when a paper was served on another party, with an affidavit of service for papers served by someone other than an attorney. It is used in the metropolitan court.
The form is marked "For use with Metropolitan Court Rules 7-209, 7-210, and 7-211 NMRA." Its Use Note says it may be used in the metropolitan court to prepare a certificate or affidavit of service, and that only the applicable parts should be used.
The certificate has four alternative service statements, and you keep only the one that matches what was done:
- mailed by United States first class mail, postage prepaid, to a named person at an address;
- faxed, naming the person who faxed it and the recipient, with the time and date of transmission;
- e-mailed to a party or attorney at an electronic mail address on file with the clerk of the Supreme Court for service by electronic mail;
- delivered, with a description of how delivery was made.
The certificate is signed by the attorney and dated. Below it, the AFFIDAVIT OF SERVICE is completed when the paper was served by a person other than an attorney. The form is published by the New Mexico Judicial Branch among its Supreme Court approved forms.
Who needs to file 9-221?
Attorneys who serve a paper in a Metropolitan Court case use the certificate of service portion. The Use Note says that when a paper is served by an attorney, a certificate of service is attached to the paper filed with the court.
Any other party who serves a paper uses the affidavit of service portion instead. The Use Note says that when a paper is served by any other party, an affidavit of service must be attached to the paper. The form repeats this: if the notice was served by a person other than an attorney, the affidavit of service must also be completed and filed with the court.
The affidavit is signed by the person who made service and sworn before a judge, notary or other officer authorized to administer oaths.
The form is for the metropolitan court and cites Metropolitan Court Rules 7-209, 7-210 and 7-211 NMRA. The Use Note points to Rule 7-209 NMRA for service of papers after the citation or complaint. Use only the parts of the form that apply to your situation.
When to file 9-221
Complete the certificate of service when a paper in a Metropolitan Court case has been served, because the form states that on a given day, month and year the paper was mailed, faxed, e-mailed or delivered. It is attached to the paper that is filed with the court, so it goes in at the same time as that paper.
Rule 7-209 NMRA, which the Use Note cites, covers service of papers after the citation or complaint. The form itself prints no separate deadline. If someone other than an attorney served the paper, the affidavit of service is completed and filed with the court as well, and its date line records the day service was made.
Documents you need
- The paper being served and filed with the court: the certificate of service is attached to it, whether signed by an attorney or completed by another party as an affidavit of service.
- For service by mail: the name and mailing address (street, city, state and ZIP code) of the person the paper was addressed to.
- For service by fax or e-mail: the recipient's name, the date and time of transmission and, for e-mail, the recipient's electronic mail address on file with the clerk of the Supreme Court for service by electronic mail.
- When someone other than an attorney served the paper: the completed AFFIDAVIT OF SERVICE, sworn before a judge, notary or other officer authorized to administer oaths.
How to fill out 9-221
Enter the date of service
Fill in the day, month and year on the line that begins "I hereby certify that on this ___ day of ___," with the date the paper was served.
Keep only the method used
The form lists mail, fax, e-mail and delivery as alternatives. Complete the one that applies and delete or leave out the others, as the Use Note says only the applicable parts should be used.
Complete the mailing details
For first class mail, enter the recipient's name, address, and city, state and ZIP code.
Complete the fax or e-mail details
For fax, name the person who faxed the document and the recipient, and give the time (a.m. or p.m.) and date of transmission. For e-mail, give the name of the party or attorney, the electronic mail address, and the time and date of the transmission.
Describe service by delivery
If the paper was delivered, enter who received it and specify in the space below how delivery was made.
Sign and date as attorney
The attorney who served the paper signs on the line marked Signature of attorney and enters the Date of signature.
Complete the affidavit of service
If someone other than an attorney served the paper, mark the method (mail, fax or electronic transmission) and enter the day, month and year of service in the AFFIDAVIT OF SERVICE.
Sign and swear the affidavit
The person who made service signs, then the signature is subscribed and sworn before a judge, notary or other authorized officer, who enters the date and official title.
Review and download the PDF
Check that only the applicable parts are completed, then download or print the completed PDF from FillingPDF and attach it to the paper you file with the court.
How to submit 9-221
The certificate of service is not filed on its own: it is attached to the paper that is filed with the court. An attorney attaches the certificate. Any other party who served the paper attaches the completed and sworn affidavit of service.
- With the filed paper: attach the signed certificate, or the affidavit of service, to the paper you file with the metropolitan court.
- Sworn affidavit: when the affidavit applies, it must be subscribed and sworn before a judge, notary or other officer authorized to administer oaths, who adds an official title.
The form prints no court address, portal or fee. Follow the Metropolitan Court's rules for filing the underlying paper, including Rule 7-209 NMRA. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving every service method on the form instead of keeping only the one that was used; the Use Note says only the applicable parts should be used.
- Having a party who is not an attorney complete only the certificate; when service is by another person, the affidavit of service must also be completed and filed.
- Signing the affidavit of service without having it subscribed and sworn before a judge, notary or other officer authorized to administer oaths.
- Choosing service by delivery without writing how delivery was made in the space the form provides.
- Entering a fax or e-mail service without the time (a.m. or p.m.) and date of the transmission.
- E-mailing a paper to an address that is not on file with the clerk of the Supreme Court for service by electronic mail.
- Leaving out the day, month and year of service, or the attorney's signature and date of signature.
- Filing the paper without attaching the certificate of service or the affidavit of service.
Frequently asked questions
What is a certificate of service in New Mexico Metropolitan Court?
It is a statement, on Form 9-221, of how and when a paper was served on another party: by mail, fax, e-mail or delivery. An attorney signs it and attaches it to the paper filed with the court. The form is used with Metropolitan Court Rules 7-209, 7-210 and 7-211 NMRA.
Who signs Form 9-221?
An attorney signs the certificate of service on the line marked Signature of attorney. If a person other than an attorney served the paper, that person signs the affidavit of service, and the signature is sworn before a judge, notary or other officer authorized to administer oaths.
Do I need the affidavit of service if I am not an attorney?
Yes. The Use Note says that when a paper is served by any other party, an affidavit of service must be attached to the paper. The form also says it must be completed and filed with the court when service was by a person other than an attorney.
Do I fill out every part of Form 9-221?
No. The Use Note says only the applicable parts should be used. Keep the one service method that matches what was done, and complete the affidavit of service only when someone other than an attorney served the paper.
Can I serve a paper by e-mail and certify it on this form?
The form has an e-mail option naming the party or attorney and the recipient's address, which must be on file with the clerk of the Supreme Court for service by electronic mail. The transmission must have been successful, and you give its time and date.
Where do I file the certificate of service?
You do not file it separately. An attorney attaches the certificate to the paper filed with the court, and any other party attaches the affidavit of service to that paper. The form prints no separate address or portal.
Can I fill out Form 9-221 online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not the New Mexico Judicial Branch, and it does not serve or file anything for you.
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