New Mexico Service of Process Rules
New Mexico
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Required
Minimum age for substitute service
15
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Must certify mail if server is unable to serve.
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
n/a
Mail if subserve
Yes
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Not Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal, 2) mailing 3) posting not allowed
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
n/a
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**Notary:** Required
**Civil Subpoenas must be personally served.**
**Can serve on Sundays**
**INDIVIDUAL**
+ Personal
+ Refusal by leaving at the place where defendant has been found after attempting to deliver personally and defendant refuses to accept
**BUSINESS ENTITY (INC., LLC, ETC.)**
+ Registered agent, officer, a managing or a general agent
+ If none of these people are available at the place of business during business hours, can deliver to the person in charge
+ If Registered agent is not available as named in New Mexico Secretary of State’s office can serve New Mexico Secretary of State. https://www.sos.state.nm.us/commercial-services/service-of-process/#
+ Refusal service to any of the above is acceptable for business entities
**GOVERNMENTAL ENTITIES**
+ City: to mayor, city manager, clerk, or deputy clerk
+ County: county clerk, chief deputy, or county commissioner
+ School District: Superintendent
+ State Department or Agency: principal officer, chief clerk, or other executive employee thereof, and by delivering a copy to the attorney general
**Substituted Service:** requires documentation of attempts at personal service. Serve to co-resident over the age of fifteen with follow-up mailing to the defendant at last known address.
**Workplace Substituted:** Requires attempts at personal and substituted service. Serve to person apparently in charge of actual workplace of defendant with follow up mailing to defendant’s last known address and to defendant’s actual place of business.
