What are the civil litigation requirements for service of process?
In New Mexico, service of process is the legal procedure by which a party to a lawsuit is given notice of the fact that a lawsuit has been filed against them. When a party to a lawsuit is served with process, they are required to make a response, such as filing an answer to a complaint or appearing in court. Under New Mexico civil litigation law, service of process can take one of two forms: personal service or service by mail. Personal service means that a summons and complaint must be hand-delivered to the person being served. Service by mail requires that the summons and complaint be mailed to the party being served via certified or registered mail. In addition, New Mexico law requires that service of process be done within a reasonable amount of time. That means that the summons and complaint must be served at least ten days prior to the date of the hearing or trial. If the other party fails to respond, a default judgment could be entered against them. Finally, service of process must be done on both parties in the case. That means that each party must receive their own summons and complaint in order for the lawsuit to be considered valid. In the event that the other party fails to comply with service of process, then the courts may issue an order for them to appear and the case may proceed without their presence.
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