AFFIDAVIT OF SERVICE

(State of New Mexico)

[// GUIDANCE: This template is drafted for use in New Mexico state-court civil proceedings. It is intended to satisfy the proof-of-service requirements contained in N.M. R. Civ. P. 1-004 (service of summons and complaint) and, where applicable, N.M. R. Civ. P. 1-005 (service of subsequent filings). Customize the bracketed fields to reflect the precise facts of service. Double-check local rules, standing orders, and any judge-specific preferences before filing.]

I. DOCUMENT HEADER

Court: [__ JUDICIAL DISTRICT COURT]
County: [_ COUNTY, STATE OF NEW MEXICO]
Case No.: [________]

Caption:
[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Title:
AFFIDAVIT OF SERVICE

Effective Date of Affidavit: [DATE]

II. DEFINITIONS

For purposes of this Affidavit of Service (this “Affidavit”), the following terms shall have the meanings set forth below:

1. “Affiant” means the individual executing this Affidavit.
2. “Document(s) Served” means the pleading(s), summons, notice(s), order(s), or other paper(s) identified in Section III.
3. “Party Served” means the person or entity upon whom service was effected.
4. “Service Method” means the manner of service utilized by Affiant, consistent with the New Mexico Rules of Civil Procedure, including without limitation:
   a. Personal Service;
   b. Certified Mail Service; or
   c. Substitute Service at the Party Served’s usual place of abode or pursuant to court order.
5. “Service Date” means the calendar date on which the Document(s) Served were delivered, mailed, or otherwise transmitted to the Party Served.

III. OPERATIVE PROVISIONS

1. Identification of Affiant.
   1.1 I, [AFFIANT NAME], am of lawful age, competent to testify, and reside at [AFFIANT ADDRESS] in [COUNTY], New Mexico.
   1.2 I am a:
   a. ☐ New Mexico sheriff or deputy sheriff;
   b. ☐ Private process server duly appointed in this action; or
   c. ☐ Individual over the age of 18 and not a party to this action, authorized by the court to effect service.
   [// GUIDANCE: Check the appropriate box or insert other authorized capacity.]

2. Authority and Compliance.
   2.1 I effected service in strict compliance with Rule 1-004 and/or Rule 1-005 of the New Mexico Rules of Civil Procedure (“NMRA”).
   2.2 I am not a party to this action and have no interest in its outcome, thereby satisfying the impartiality requirements of the NMRA.

3. Description of Document(s) Served.
   3.1 ☐ Summons
   3.2 ☐ Complaint
   3.3 ☐ [Specify Any Additional Document(s)]

4. Details of Service.
   4.1 Date of Service: [MONTH/DAY/YEAR]
   4.2 Time of Service: [HH:MM A.M./P.M.]
   4.3 Physical Location of Service (if applicable): [STREET ADDRESS, CITY, STATE, ZIP]
   4.4 Name of Party Served (or person accepting service): [FULL LEGAL NAME]
   4.5 Relationship of Recipient to Party Served (if substitute service): [E.G., “Spouse,” “Co-resident age 15 or older,” “Registered Agent,” etc.]

5. Service Method Utilized.
   5.1 ☐ Personal Service: I personally delivered true and correct copies of the Document(s) Served to the Party Served.
   5.2 ☐ Certified Mail Service: I deposited true and correct copies of the Document(s) Served in the United States mail, first-class, postage prepaid, and sent by certified mail, return receipt requested, addressed to the Party Served at the address indicated above. A signed return receipt (green card or electronic equivalent) is attached hereto as Exhibit A.
   5.3 ☐ Substitute Service: After exercising due diligence and being unable to effect personal service, I left true and correct copies of the Document(s) Served at the Party Served’s usual place of abode with [NAME, AGE], a person of suitable age and discretion then residing therein, as permitted by Rule 1-004.
   5.4 ☐ Court-Ordered Alternative Service: Service was accomplished pursuant to the Court’s Order dated [DATE], attached hereto as Exhibit B.
   [// GUIDANCE: Select and complete only the applicable subsection(s). Strike or delete all inapplicable options before filing.]

6. Timeliness.
   6.1 This Affidavit is executed and will be filed with the clerk of the court promptly, and in any event within the time limits prescribed by Rule 1-004 NMRA so as to support entry of default or other requested relief.

7. Costs Incurred.
   7.1 Total fees and expenses incurred in effecting service: $ [__].
   7.2 ☐ These costs are recoverable pursuant to Rule 1-054(D) NMRA or applicable court order.
   [// GUIDANCE: Omit cost paragraphs if not relevant or if service was performed by a sheriff whose fees are set by statute.]

IV. AFFIANT’S REPRESENTATIONS & WARRANTIES

1. Accuracy. I hereby state under oath that all statements contained in this Affidavit are true and correct to the best of my knowledge, information, and belief.
2. Compliance. I further represent that service was effected strictly in accordance with the New Mexico Rules of Civil Procedure and any pertinent local rules or court orders.
3. No Improper Service. I did not employ deception, coercion, or any unlawful means to effect service.

V. COVENANT OF COOPERATION (LIMITED PURPOSE)

If called upon to testify regarding the facts set forth herein, Affiant will appear in court or at deposition and provide truthful testimony consistent with this Affidavit.

VI–VIII. [RESERVED]

[// GUIDANCE: Sections VI (Default & Remedies), VII (Risk Allocation), and VIII (Dispute Resolution) are not applicable to a proof-of-service affidavit and are intentionally omitted to maintain the numbering scheme.]

IX. GENERAL PROVISIONS

1. Severability. If any portion of this Affidavit is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. Integration. This Affidavit constitutes the complete statement of proof of service and supersedes any prior oral or written statements regarding the service described herein.
3. Electronic Filing. Where permitted by rule or court order, a scanned or electronic copy bearing an electronic signature in compliance with Rule 1-011 NMRA shall constitute an original for all purposes.

X. EXECUTION BLOCK

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

Executed on this ___ day of _, 20_, at _____, New Mexico.

[AFFIANT NAME]
[Official Title, if any]

STATE OF NEW MEXICO )
: ss )
COUNTY OF __ )

Subscribed and sworn to (or affirmed) before me on this ___ day of _, 20_, by [AFFIANT NAME], who is personally known to me or who has produced [TYPE OF GOVERNMENT-ISSUED I.D.] as identification.

Notary Public
My Commission Expires: ___

EXHIBITS (Attach as needed)

• Exhibit A – Certified Mail Return Receipt (if mail service used)
• Exhibit B – Court Order Authorizing Alternative Service (if applicable)
• Exhibit C – Additional Proofs or Photographs (optional)

[// GUIDANCE: Verify that all referenced exhibits are securely attached and properly labeled before filing. Redact any sensitive personal identifiers as required by Rule 1-079 NMRA.]