Certificate of Service

CERTIFICATE OF SERVICE

State of New Mexico

IMPORTANT NEW MEXICO NOTICE: New Mexico uses an Electronic Filing System (EFS) approved by the New Mexico Supreme Court for district courts. Under N.M.R.A. 1-005.2, attorneys required to file documents electronically must register with the EFS and provide a valid, regularly checked email address. Electronic service through the EFS is the required method for registered participants. Service by facsimile (fax) is also authorized in New Mexico with certain conditions. For mail service, 3 additional days are added to response periods under N.M.R.A. 1-006(C). Duplicate paper copies must not be filed if a document was submitted electronically.

PART I: COURT CAPTION

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[____] JUDICIAL DISTRICT COURT

[________________________________],
Plaintiff(s),

v.

No.: [________________________________]

[________________________________],
Defendant(s).

Also applicable to:
☐ Magistrate Court — County of [________________________________]
☐ Metropolitan Court — Bernalillo County

PART II: IDENTIFICATION OF DOCUMENTS SERVED

I, [________________________________], hereby certify that on [__/__/____], I served the following document(s) upon the parties identified in Part III:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if needed.)

PART III: PARTIES SERVED

Served Party / Attorney No. 1

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Representing: [________________________________]
Firm/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Mailing Address (if different): [________________________________]
Email Address (EFS registered): [________________________________]
NM Bar Number (if attorney): [________________________________]
Phone: [________________________________]

Method of Service — Party / Attorney No. 1 (check all that apply):

☐ Electronic Service via New Mexico EFS (Electronic Filing System) [PRIMARY METHOD FOR REGISTERED USERS]
Filed and served through the New Mexico Supreme Court-approved Electronic Filing System pursuant to N.M.R.A. 1-005.2.
Service is effective upon electronic transmission. Parties who have agreed to electronic service receive notification through the EFS.
EFS Transaction/Confirmation Number: [________________________________]
Date/Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m. Mountain Time
Recipient confirmed agreement to electronic service: ☐ Yes ☐ Service was through EFS auto-notification

☐ Electronic Mail (Email) (when EFS unavailable or party has not agreed to EFS service)
Served by email pursuant to N.M.R.A. 1-005(B)(2).
Email address used: [________________________________]
Date sent: [__/__/____] Time sent: [____] ☐ a.m. ☐ p.m.
Note: Within 2 days after service, if recipient notifies sender that document cannot be read, re-service by another authorized method is required.
(+3 days added to response deadlines per N.M.R.A. 1-006(C).)

☐ Facsimile (Fax)
Fax number: [____________________]
Date/Time transmitted: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Confirmation/transmission report number: [________________________________]
Number of pages transmitted (including cover sheet): [____]
(+3 days added to response deadlines per N.M.R.A. 1-006(C).)

☐ First-Class Mail, Postage Prepaid
Mailed to: [________________________________]
Date deposited: [__/__/____] City of mailing: [________________________________]
(+3 days added to response deadlines per N.M.R.A. 1-006(C).)

☐ Personal Delivery at Office
Delivered in person at attorney's/party's office.
Delivered to: [________________________________] (clerk, person in charge, or left in conspicuous place)
Address: [________________________________]
Date of delivery: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.
(Effective date: date of delivery. No additional days added.)

☐ Personal Delivery at Residence
Delivered at party's usual place of abode to:
Name: [________________________________] (person of suitable age and discretion residing therein)
Address: [________________________________]
Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

☐ Certified Mail / Return Receipt
USPS Tracking number: [________________________________]
Date mailed: [__/__/____]
Return receipt received: ☐ Yes (date: [__/__/____]) ☐ Pending
(+3 days added to response deadlines per N.M.R.A. 1-006(C).)

☐ Overnight Commercial Carrier
Carrier: [________________________________] Tracking: [________________________________]
Date of deposit: [__/__/____]
(+3 days added to response deadlines per N.M.R.A. 1-006(C).)

Served Party / Attorney No. 2

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Representing: [________________________________]
Firm/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address (EFS registered): [________________________________]
NM Bar Number (if attorney): [________________________________]

Method of Service — Party / Attorney No. 2 (check all that apply):

☐ Electronic Service via NM EFS
Transaction/Confirmation Number: [________________________________]
Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Email
Email: [________________________________] Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Facsimile
Fax: [____________________] Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m. Pages: [____]

☐ First-Class Mail
Mailed to: [________________________________] Date: [__/__/____] City: [________________________________]

☐ Personal Delivery at Office
Date: [__/__/____] Received by: [________________________________]

☐ Personal Delivery at Residence
Date: [__/__/____] Left with: [________________________________]

☐ Certified Mail — Tracking: [________________________________] Date: [__/__/____]

☐ Overnight Carrier — Carrier: [________________] Tracking: [________________] Date: [__/__/____]

Served Party / Attorney No. 3

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Street Address / Email: [________________________________]

Method of Service — Party / Attorney No. 3 (check all that apply):

☐ NM EFS Electronic Service — Transaction No.: [________________________________] Date/Time: [__/__/____]
☐ Email — Address: [________________________________] Date/Time: [__/__/____]
☐ Facsimile — Fax: [____________________] Date/Time: [__/__/____] Pages: [____]
☐ First-Class Mail — Mailed: [__/__/____] City: [________________________________]
☐ Personal Delivery — Date: [__/__/____] Received by: [________________________________]
☐ Certified Mail — Tracking: [________________________________]
☐ Overnight Carrier — Carrier: [________________] Tracking: [________________]

(Attach additional party service pages as needed.)

PART IV: NEW MEXICO SERVICE RULES AND TIME EXTENSION REFERENCE

Mail/Fax/Email Extension Rule — N.M.R.A. 1-006(C)

When a party must act within a prescribed period after service and service is made other than by personal delivery, 3 additional calendar days are added to the period.

New Mexico EFS — Electronic Filing System

• The New Mexico Supreme Court has approved an EFS for use in district courts to file and serve documents by electronic transmission in civil actions (N.M.R.A. 1-005.2).
• District courts implement the EFS through their individual websites; attorneys must register with the EFS through the applicable district court's website.
• Attorneys must provide a valid, working, and regularly checked email address upon registration.
• Any document required to be served may be served by electronic transmission if the party or attorney has agreed to receive documents electronically.
• When multiple copies are required, only a single electronic transmission is necessary.
• If a party files a document using electronic transmission, a duplicate paper copy must NOT subsequently be submitted to the court.
• Second Judicial District (Bernalillo County) uses the Tyler Technologies EFS platform; check specific district court websites for current system details.

Fax Service — N.M.R.A. 1-005

• Facsimile transmission is an authorized service method in New Mexico.
• Retain the fax transmission confirmation report showing the number of pages, date, time, and destination fax number.
• If service is made by fax, 3 additional days are added to response periods.

Electronic Service — Unreadable Document Rule

Under N.M.R.A. 1-005.2, if within 2 days after service by electronic transmission a party notifies the sender that the document cannot be read, the document must be re-served by another authorized method.

Service on Self-Represented (Pro Se) Parties

• Self-represented parties who are not registered EFS users must be served by personal delivery, mail, fax, or another authorized non-electronic method.
• Do not serve self-represented parties through the EFS unless they are registered and have agreed to electronic service.
• Document the alternate method of service and retain proof.

Judicial Districts — New Mexico

New Mexico has 13 judicial districts:

PART V: PROOF OF SERVICE BY MAIL — DECLARATION

(Complete when any service was made by first-class or certified U.S. mail.)

I, [________________________________], declare under penalty of perjury under the laws of the State of New Mexico that the following is true and correct:

I am over the age of 18 years and I am not a party to this action. My business/residential address is:

[________________________________]
[________________________________]

On [__/__/____], I served the documents described in Part II by enclosing true and correct copies in sealed envelopes, with postage fully prepaid, addressed to:

Mail Recipient 1:
Name: [________________________________]
Address: [________________________________]
[________________________________]
☐ First-Class Mail ☐ Certified Mail — Tracking: [________________________________]

Mail Recipient 2:
Name: [________________________________]
Address: [________________________________]
[________________________________]
☐ First-Class Mail ☐ Certified Mail — Tracking: [________________________________]

Mail Recipient 3:
Name: [________________________________]
Address: [________________________________]
[________________________________]
☐ First-Class Mail ☐ Certified Mail — Tracking: [________________________________]

I deposited the sealed envelope(s) in the United States mail at:

Post Office/Location: [________________________________]
City, State: [________________________________], New Mexico
Date of deposit: [__/__/____]
Approximate time: [____] ☐ a.m. ☐ p.m.

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], New Mexico.

Signature: [________________________________]
Printed Name: [________________________________]
Title/Capacity: [________________________________]

PART VI: PROOF OF ELECTRONIC SERVICE — DECLARATION

(Complete when any service was made through the NM EFS or by email/fax.)

I, [________________________________], declare under penalty of perjury under the laws of the State of New Mexico that the following is true and correct:

I am over the age of 18 years. My business/residential address is:

[________________________________]
[________________________________]

A. Service via NM Electronic Filing System (EFS)

☐ On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m. Mountain Time, I electronically filed the documents identified in Part II through the New Mexico Supreme Court-approved EFS pursuant to N.M.R.A. 1-005.2. Each party who has agreed to electronic service was notified through the EFS. The system generated the following confirmation:

EFS Transaction/Confirmation Number: [________________________________]
Date/Time of Confirmation: [__/__/____] at [____] ☐ a.m. ☐ p.m.

Parties served through EFS:
1. [________________________________]
2. [________________________________]
3. [________________________________]

B. Service via Email

☐ On [__/__/____], at [____] ☐ a.m. ☐ p.m. Mountain Time, I served the documents identified in Part II by sending true and correct copies as email attachments to the following email addresses:

1. [________________________________] (email) — for [________________________________] (attorney/party)
2. [________________________________] (email) — for [________________________________] (attorney/party)

Email sent from: [________________________________]

Note: No notification was received within 2 days that the document could not be read. ☐ Yes — No unreadability notice received.

C. Service via Facsimile

☐ On [__/__/____], at [____] ☐ a.m. ☐ p.m. Mountain Time, I served the documents identified in Part II by fax transmission to:

1. [____________________] (fax number) — for [________________________________]
   Pages transmitted: [____] Confirmation number: [________________________________]
2. [____________________] (fax number) — for [________________________________]
   Pages transmitted: [____] Confirmation number: [________________________________]

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], New Mexico.

Signature: [________________________________]
Printed Name: [________________________________]

PART VII: CERTIFICATE OF SERVICE — SIGNATURE BLOCK

This Certificate of Service is filed pursuant to N.M.R.A. 1-005 and 1-005.2.

Date: [__/__/____]

Respectfully submitted,

Signature: [________________________________]

Printed Name: [________________________________]
NM Bar Number: [________________________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]
Attorney for: ☐ Plaintiff ☐ Defendant ☐ [________________________________]

PART VIII: COMPLIANCE CHECKLIST

☐ All documents served are identified in Part II
☐ Every party or their attorney has been served
☐ NM EFS used as primary method for registered/consenting parties
☐ Email service: no unreadability notice received within 2 business days
☐ Fax service: transmission confirmation report saved
☐ Self-represented parties served by non-electronic means (unless EFS-registered and consented)
☐ +3 day response extension noted for all service other than personal delivery
☐ EFS transaction/confirmation number recorded
☐ No duplicate paper copy filed after electronic filing (N.M.R.A. 1-005.2)
☐ Single electronic transmission used when multiple copies normally required
☐ N.M.R.A. 1-079 confidentiality/redaction requirements satisfied
☐ Declaration under penalty of perjury completed and signed
☐ Certificate retained in case file with electronic confirmation receipts
☐ Correct judicial district confirmed for case caption
☐ Special master or guardian ad litem served if required by court order

PART IX: ORIGINAL PROCESS — REFERENCE NOTE

(For reference only — original process is governed by N.M.R.A. 1-004.)

Service of original process (summons and complaint) must be accomplished by personal service by the sheriff or a registered process server, by certified mail with return receipt, or by publication when other methods are not possible. Original process cannot be served through the NM EFS or by email alone. Service on a corporation must be made on an officer, director, managing agent, or registered agent. N.M.R.A. 1-004(F)(2). Alternative service requires a court order under N.M.R.A. 1-004(J). Service by publication requires a court order and compliance with N.M.R.A. 1-004(K).

SOURCES AND REFERENCES

• N.M.R.A. 1-005 (Service and Filing): http://realfile.nmcourts.sks.com/1-005.pdf
• N.M.R.A. 1-005.2 (Electronic Service and Filing): https://nmcourts.gov/wp-content/uploads/2024/03/1-005.2-Civil-efiling.pdf
• NM Courts — E-Filing for Attorneys: https://nmcourts.gov/resources/e-filing-for-attorneys/
• NM Courts — Second District Electronic Filing User Guide: https://seconddistrict.nmcourts.gov/wp-content/uploads/sites/21/2023/11/ElectronicFilingUserGuide.pdf
• N.M.R.A. 3-205 (Magistrate Court Electronic Service): https://nmcourts.gov/wp-content/uploads/2024/03/3-205-Metro.pdf