New Mexico Affidavit of Service

STATE OF NEW MEXICO

COUNTY OF [________________________________]

IN THE [________________________________] JUDICIAL DISTRICT COURT

☐ District Court
☐ Magistrate Court
☐ Metropolitan Court

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

AFFIDAVIT OF SERVICE

Pursuant to Rule 1-004 NMRA

I. AFFIANT IDENTIFICATION

1. My full legal name is [________________________________].

2. I am [____] years of age and, if serving a summons and complaint, am over eighteen (18) years of age.

3. My residential address is: [________________________________].

4. My business address is: [________________________________].

5. My telephone number is: [________________________________].

6. My email address is: [________________________________].

7. I am competent to testify to the matters stated herein and have personal knowledge of all facts set forth in this Affidavit.

8. I am not a party to the above-captioned action.

II. AUTHORITY TO SERVE PROCESS

I am authorized to serve process in the State of New Mexico based on the following (select all that apply):

☐ I am a sheriff or deputy sheriff of [________________________________] County, New Mexico.

☐ I am a person over eighteen (18) years of age designated by the court to serve a writ of attachment, replevin, or habeas corpus under Rule 1-004(D)(2) NMRA, pursuant to the Order dated [__/__/____].

☐ I am a person over eighteen (18) years of age who is not a party to this action, authorized to serve a summons and complaint, petition, or other paper under Rule 1-004(D)(1) NMRA.

☐ I am a private process server meeting the Rule 1-004(D)(1) age and nonparty requirements.

☐ I am a person authorized by law to serve process in the jurisdiction where service was made (for out-of-state service).

III. DOCUMENTS SERVED

I was provided with and served the following documents in this matter (the "Service Documents"):

☐ Summons
☐ Complaint / Petition
☐ Amended Complaint / Amended Petition
☐ Third-Party Complaint
☐ Cross-Claim
☐ Counterclaim
☐ Motion: [________________________________]
☐ Order to Show Cause dated [__/__/____]
☐ Subpoena
☐ Notice of Hearing dated [__/__/____]
☐ Writ of Garnishment
☐ Domestic Violence Petition / Order of Protection
☐ Other: [________________________________]
☐ Other: [________________________________]

Total number of pages served: [____]

IV. PERSON TO BE SERVED

Name of person / entity to be served: [________________________________]

Capacity (select one):
☐ Individual Defendant
☐ Registered Agent for [________________________________]
☐ Officer or Managing Agent of [________________________________]
☐ Agent Authorized by Appointment to Receive Service
☐ Agent Authorized by Law to Receive Service
☐ Secretary of State (for entities without a registered agent, pursuant to NMSA 1978, § 38-1-18)
☐ Guardian or Conservator
☐ Other: [________________________________]

V. SERVICE METHOD, DATE, TIME, AND LOCATION

A. Personal Service — Rule 1-004(F)(1) NMRA

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Mountain Time), I personally delivered true and correct copies of the Service Documents to [________________________________] at the following location:

Address: [________________________________]
City: [________________________________], New Mexico [____]

The person served:
☐ Verbally confirmed their identity as the person named above.
☐ Was identified by me through prior personal knowledge.
☐ Was identified through: [________________________________].
☐ Refused to identify themselves but matched the physical description provided.

B. Service by Mail or Commercial Courier — Rule 1-004(E)(3) NMRA

☐ On [__/__/____], I caused to be mailed / delivered true and correct copies of the Service Documents by:

☐ Certified mail, return receipt requested to:
☐ Registered mail, return receipt requested to:
☐ Commercial courier service (name: [________________________________]) to:

Address: [________________________________]

Tracking Number: [________________________________]
Date Mailed / Sent: [__/__/____]
Date Receipt Signed (service-completion date): [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The defendant or a person authorized to accept service signed the receipt; a copy is attached as Exhibit A.
☐ The mail was returned showing: ☐ Refused ☐ Unclaimed ☐ Undeliverable

Mail/courier certificate of service (complete if this method succeeded): I certify that the receipt was signed on [__/__/____] by [NAME: ________________________________], who was ☐ the defendant ☐ authorized to accept service for the defendant. The delivery date was [__/__/____], and a copy of the signed receipt is attached as Exhibit A.

Note: Under Rule 1-004(E)(3) NMRA, the envelope must be addressed to the named defendant and the defendant or an authorized recipient must sign the receipt. Service is complete on the date that receipt is signed, including an electronic signature. File the certificate and a copy of the signed receipt under Rule 1-004(L).

C. Substitute / Abode Service — Rule 1-004(F)(2) NMRA

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Mountain Time), after attempting personal delivery or signed-receipt mail/courier service under Rule 1-004(F)(1) without the defendant accepting or signing for service, I left true and correct copies of the Service Documents at the defendant's usual place of abode with the following resident over the age of fifteen (15):

Name of person served: [________________________________]
Relationship to defendant: [________________________________]
Approximate age of person served: [____]
Address of dwelling: [________________________________]

☐ I informed this person of the general nature of the documents.
☐ On [__/__/____], I also mailed a copy of the process by first-class mail to the defendant at the defendant's last known mailing address: [________________________________], as required by Rule 1-004(F)(2) NMRA.

Note: Under Rule 1-004(F)(2) NMRA, an unsuccessful attempt by either personal delivery or signed-receipt mail/courier service precedes abode service. Record the attempt in Section VII and complete the required first-class mailing. The recipient must reside at the usual place of abode and be over age 15.

C-1. Service at Actual Place of Business or Employment — Rule 1-004(F)(3) NMRA

☐ After service was not accomplished under Rule 1-004(F)(1)-(2), on [__/__/____] I delivered the process at the defendant's actual place of business or employment, [ADDRESS: ________________________________], to [NAME: ________________________________], the person apparently in charge.

☐ On [__/__/____], I mailed a copy of the summons and complaint by first-class mail both to the defendant's last known mailing address, [ADDRESS: ________________________________], and to the actual place of business or employment listed above. Proof of both mailings is attached as Exhibit [____].

D. Service on Agent — Corporation / Entity — Rule 1-004(G) NMRA

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Mountain Time), I delivered true and correct copies of the Service Documents to [________________________________], who is:

☐ The registered agent for the entity named above.
☐ An officer of the corporation / entity.
☐ A managing or general agent.
☐ An agent authorized by appointment or by law to receive service.
☐ A partner, managing member, or general partner.

Address of service: [________________________________]

E. Service on Government Entity — Rule 1-004(H) NMRA

☐ On [__/__/____], I delivered true and correct copies of the Service Documents as follows:

☐ State of New Mexico named as defendant: Served both the Governor and Attorney General at [ADDRESS(ES): ________________________________].

☐ State branch or agency named as defendant: Served both its head and the Attorney General at [ADDRESS(ES): ________________________________].

☐ County: Served the county clerk of [________________________________] County.

☐ Municipality: Served the city, town, or village clerk of [________________________________].

F. Service on Secretary of State — NMSA 1978, § 38-1-18

☐ On [__/__/____], I served true and correct copies of the Service Documents on the New Mexico Secretary of State as statutory agent for the defendant, pursuant to NMSA 1978, § 38-1-18.

☐ The Secretary of State forwarded copies to the defendant by certified mail at the defendant's last known address: [________________________________].

G. Service by Publication — Rule 1-004(J)-(K) NMRA

☐ Pursuant to the Order of this Court dated [__/__/____] authorizing service by publication, notice of the pendency of the action was published in:

Name of Newspaper: [________________________________]
City/Region of Circulation: [________________________________]

Publication Dates:

1. [__/__/____]
2. [__/__/____]
3. [__/__/____]

☐ Publication was made once each week for three consecutive weeks under Rule 1-004(K) NMRA, unless the Court ordered otherwise for good cause.
☐ The last publication date was [__/__/____].
☐ The Affidavit of Publication from the newspaper is attached hereto as Exhibit B.

☐ The Court also ordered mailing to the defendant's last known address. I mailed the ordered documents on [__/__/____] to [ADDRESS: ________________________________]. Proof of mailing is attached as Exhibit C.

H. Service Outside New Mexico — Rule 1-004(M)-(N); NMSA 1978, § 38-1-16

☐ On [__/__/____], service was made outside the State of New Mexico pursuant to Rule 1-004(M) or (N) NMRA, as applicable, by the following method:

☐ Personal service in [________________________________] (state/country).
☐ Certified mail, return receipt requested.
☐ Other method authorized by law: [________________________________].

Jurisdiction where service was made: [________________________________]

I. Service by Other Court-Authorized Method — Rule 1-004(J) NMRA

☐ Pursuant to the Order of this Court dated [__/__/____], upon a showing by affidavit that service could not reasonably be made by other methods, I served the Service Documents by the following court-ordered alternative method:

[________________________________]
[________________________________]
[________________________________]

J. Court-Authorized Social Media, E-Mail, or Text Service — Rule 1-004(F)(4) NMRA

☐ Under the Court's order dated [__/__/____], after the required showing that service could not reasonably be made under Rule 1-004(F)(1)-(3), I served by ☐ social media ☐ e-mail ☐ text message using the account, address, or number authorized in that order: [________________________________].

☐ I sent the required content once each week for three consecutive weeks on [DATE 1: ____], [DATE 2: ____], and [DATE 3: ____]; service was complete on the last transmission.

☐ A copy of the summons, pleadings, and other required documents was mailed by first-class mail to the defendant's last known mailing address within ten days of the first electronic transmission, on [DATE: ____] to [ADDRESS: ________________________________].

☐ Copies of the transmitted messages showing the method, destination account/address/number, dates, and mailing date are attached as Exhibit [____] for proof under Rule 1-004(L).

VI. DESCRIPTION OF PERSON ACTUALLY SERVED

(Complete for personal service or substitute service)

Name: [________________________________]
Sex: [________________________________]
Approximate Age: [____]
Race/Ethnicity: [________________________________]
Height: [____] ft. [____] in.
Weight: approximately [____] lbs.
Hair Color/Style: [________________________________]
Eye Color: [________________________________]
Facial Hair: [________________________________]
Glasses: ☐ Yes ☐ No
Other Identifying Features (tattoos, scars, etc.): [________________________________]

VII. NON-SERVICE / DUE DILIGENCE REPORT

(Complete if service was not accomplished or if substitute/alternative service was used)

I made the following attempts to serve the defendant before completing service by the method described above or before returning the documents unserved:

Additional investigative steps taken:
[________________________________]
[________________________________]

☐ Service could not be completed. Documents are returned unserved for the following reason(s):
[________________________________]

VIII. FEES AND EXPENSES

IX. TIMELINESS AND COMPLIANCE

1. Service was completed within the time limits prescribed by the New Mexico Rules of Civil Procedure and any applicable court orders.

2. Proof of service is filed promptly under Rule 1-004(L) NMRA.

3. ☐ Service was completed pursuant to a court order permitting alternative service dated [__/__/____].

4. ☐ An extension of time for service was granted by order dated [__/__/____].

5. I exercised reasonable diligence and complied with all applicable rules, statutes, and court orders concerning the method, timing, and proof of service.

X. MILITARY STATUS DECLARATION

To the best of my knowledge, information, and belief, the person served:

☐ Is not currently on active duty with the United States Armed Forces as defined by the Servicemembers Civil Relief Act, 50 U.S.C. § 3931.
☐ Is currently on active duty with the United States Armed Forces.
☐ Military status could not be determined.

XI. AFFIANT'S DECLARATION

I, [________________________________], declare under oath that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that making a false statement in this Affidavit may subject me to penalties for perjury under New Mexico law.

Further affiant sayeth naught.

XII. SIGNATURE AND NOTARIZATION

If Served by Sheriff or Deputy — Certificate of Service

(Under Rule 1-004(L) NMRA, when service is made by the sheriff or a deputy of a New Mexico county, proof shall be by certificate.)

I certify that I served the Service Documents as described above.

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature

________________________________________
Printed Name, Sheriff / Deputy Sheriff
[________________________________] County, New Mexico
Badge/ID No.: [________________________________]

If Served by Any Other Person — Affidavit of Service

(Under Rule 1-004(L) NMRA, when service is made by a person other than a sheriff or deputy of a New Mexico county, proof shall be made by affidavit.)

Executed on this [____] day of [________________________________], 20[____],
at [________________________________], New Mexico.

________________________________________
Signature of Affiant

________________________________________
Printed Name of Affiant

________________________________________
Title / License Number (if applicable)

________________________________________
Address

________________________________________
Telephone / Email

NOTARIAL ACKNOWLEDGMENT

STATE OF NEW MEXICO )
) ss.
COUNTY OF [________________________________] )

Subscribed and sworn to (or affirmed) before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

________________________________________
Notary Public for the State of New Mexico
My Commission Expires: [________________________________]

[NOTARIAL SEAL]

XIII. ATTACHMENTS

☐ Exhibit A — Certified Mail Return Receipt (Green Card) / Delivery Confirmation / Commercial Courier Receipt
☐ Exhibit B — Affidavit of Publication
☐ Exhibit C — Proof of Mailing (for service by publication)
☐ Exhibit D — Court Order Authorizing Alternative / Substitute Service
☐ Exhibit E — Court Order Extending Time for Service
☐ Exhibit F — Photographs of Service Location
☐ Exhibit G — GPS Log / Time-Stamped Evidence
☐ Exhibit H — Copy of Service Documents Served
☐ Exhibit I — Fee Invoice / Expense Documentation
☐ Exhibit J — Prior Service Attempt Log / Investigative Notes
☐ Exhibit K — Other: [________________________________]

XIV. NEW MEXICO-SPECIFIC RULES AND PRACTICE NOTES

1. Who May Serve: Under Rule 1-004(D)(1) NMRA, a summons and complaint, petition, or other paper may be served by a person over eighteen who is not a party. Rule 1-004(D)(2) separately governs designated servers and sheriffs for writs of attachment, replevin, and habeas corpus.

2. Individual service sequence: Rule 1-004(F)(1) permits personal delivery or signed-receipt mail/courier service under Rule 1-004(E)(3). If either method is attempted and the defendant has not accepted or signed for service, abode service with the required first-class mailing may be used under Rule 1-004(F)(2). Rule 1-004(F)(3) addresses service at the defendant's actual place of business or employment after (F)(1)-(2) do not accomplish service.

3. Personal Service: Delivering copies of the summons and complaint directly to the individual to be served (Rule 1-004(F)(1)).

4. Service by Mail: Rule 1-004(E)(3) requires a receipt signed by the defendant or an authorized recipient. Service is complete on the signature date. File a certificate showing the delivery date and a copy of the signed receipt under Rule 1-004(L).

5. Substitute / Abode Service: After an unsuccessful (F)(1) attempt, leave copies at the defendant's usual place of abode with a resident over the age of fifteen (15) and mail a copy by first-class mail to the defendant's last known mailing address (Rule 1-004(F)(2)).

6. Service on Corporations: Rule 1-004(G) governs service on a corporation, LLC, partnership, or other business entity through the specified officer, agent, or general partner, as applicable.

7. Service on Secretary of State: When an entity has failed to maintain a registered agent, service may be made upon the New Mexico Secretary of State under NMSA 1978, § 38-1-18.

8. Proof of Service — Sheriff: When service is by a sheriff or deputy, proof is by certificate (Rule 1-004(L)).

9. Proof of Service — Others: When service is by a non-sheriff, proof is by affidavit; mail/courier proof also requires the delivery date and signed receipt (Rule 1-004(L)).

10. Service by Publication: Requires a court order under Rule 1-004(J). Publish once each week for three consecutive weeks unless the court orders otherwise for good cause. Service is complete on the final publication date; file the newspaper's affidavit under Rule 1-004(L).

11. Court-Ordered Alternative Service: Rule 1-004(J) allows a court-approved method when the affidavit shows ordinary service cannot reasonably be made. Rule 1-004(F)(4) separately governs social media, e-mail, and text service, with specific proof of the defendant's recent use of the account and required repeated transmissions and mailing.

12. Electronic Filing: Where permitted, a scanned or electronic copy bearing an electronic signature in compliance with Rule 1-011 NMRA shall constitute an original for all purposes.

13. Redaction: Sensitive personal identifiers should be redacted as required by Rule 1-079 NMRA before filing.

XV. SOURCES AND REFERENCES

• New Mexico Rules of Civil Procedure, Rule 1-004 NMRA (Process) — October 31, 2025 version: https://supremecourt.nmcourts.gov/wp-content/uploads/sites/2/2025/10/Rule-1-004-NMRA.pdf
• NMSA 1978, § 38-1-16 — Personal Service of Process Outside State: https://law.justia.com/codes/new-mexico/chapter-38/article-1/section-38-1-16/
• NMSA 1978, § 38-1-17 — Service of Process (Garnishment): https://law.justia.com/codes/new-mexico/chapter-38/article-1/section-38-1-17/
• NMSA 1978, § 38-1-18 — Agent for Service of Process: https://law.justia.com/codes/new-mexico/chapter-38/article-1/section-38-1-18/
• New Mexico Secretary of State — Service of Process: https://www.sos.nm.gov/commercial-services/service-of-process/
• ServeNow — New Mexico Process Serving Rules: https://www.serve-now.com/resources/process-serving-laws/new-mexico
• New Mexico Courts — Service by Publication Packet: https://nmcourts.gov/wp-content/uploads/sites/22/2023/11/Service-by-Publication-Packet-Civil-Cases-rev.-10.2023.pdf

This document is intended for use by licensed attorneys practicing in New Mexico. It does not constitute legal advice and should be customized to the specific facts and circumstances of each case. All statutory citations should be verified for current accuracy before filing.