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. My date of birth is [__/__/____], and I am [____] 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, nor am I an officer, director, or employee of any party, and I have no financial or personal interest in the outcome of this litigation.

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 designated by the court to serve process in this action, pursuant to the Order dated [__/__/____], as authorized by Rule 1-004(D) NMRA.

☐ I am a competent adult, 18 years of age or older, who is not a party to this action, authorized to serve process pursuant to Rule 1-004(D) NMRA.

☐ I am a licensed private process server in the State of New Mexico, License No. [________________________________].

☐ 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(F)(2) 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 Delivery Confirmed / Receipt Signed: [__/__/____]
Name of Person Who Signed Receipt: [________________________________]

☐ The signed return receipt (green card) or delivery confirmation is attached hereto as Exhibit A.
☐ The mail was returned showing: ☐ Refused ☐ Unclaimed ☐ Undeliverable

Note: Under Rule 1-004(F)(2) NMRA, service by mail or commercial courier is not complete until the return receipt or other evidence of delivery to the defendant is received by the sender. Service by mail need not be at the defendant's home address or usual place of abode.

C. Substitute / Abode Service — Rule 1-004(F)(3) NMRA

☐ On [__/__/____] at [____:____ ☐ AM ☐ PM] (Mountain Time), after exercising due diligence and being unable to accomplish service under Rules 1-004(F)(1) or (F)(2), I left true and correct copies of the Service Documents at the defendant's usual place of abode with the following person over the age of fifteen (15) who resides therein:

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 the same date, I also mailed a copy of the summons and complaint to the defendant at the defendant's last known mailing address: [________________________________], as required by Rule 1-004(F)(3) NMRA.

Note: Under Rule 1-004(F)(3) NMRA, substitute service may only be used after attempts at personal service and mail service have been unsuccessful. Service is not complete until the mailing step has been accomplished. The person accepting service must be over the age of 15 and reside at the defendant's usual place of abode.

D. Service on Agent — Corporation / Entity — Rule 1-004(F)(4) 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

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

☐ State of New Mexico: Served upon the Governor, Attorney General, or the head of the appropriate state agency at [________________________________].

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

☐ Municipality: Served upon the mayor, city clerk, or city manager 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(H) NMRA

☐ Pursuant to the Order of this Court dated [__/__/____] authorizing service by publication, the Service Documents were published in:

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

Publication Dates:
1. [__/__/____]
2. [__/__/____]
3. [__/__/____]

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

☐ The defendant's residence:
☐ Is known and stated in the affidavit for publication as: [________________________________].
☐ Is not known, and that fact was stated in the affidavit for publication.

☐ A copy of the summons and complaint was mailed to the defendant at the defendant's last known address not less than thirty-five (35) days before rendition of final judgment, as required by Rule 1-004(H) NMRA.

☐ Proof of mailing is attached hereto as Exhibit C.

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

☐ On [__/__/____], service was made outside the State of New Mexico pursuant to Rule 1-004(F) NMRA and NMSA 1978, § 38-1-16 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(H) 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:

[________________________________]
[________________________________]
[________________________________]

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 made promptly and in any event within the time during which the person served must respond to the process, as required by Rule 1-004(G) 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(G) 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(G) 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]

ALTERNATIVE: UNSWORN DECLARATION UNDER PENALTY OF PERJURY

(New Mexico permits unsworn declarations under penalty of perjury pursuant to NMSA 1978, § 38-6-4, in lieu of notarized affidavits for many civil filings. Verify with the court before using this alternative.)

I certify 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 of Affiant

________________________________________
Printed Name of Affiant

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) NMRA, process may be served by a sheriff or deputy sheriff of a New Mexico county, or by any other person designated by the court or authorized by law. Private process servers are permitted.

2. Hierarchy of Service Methods: Rule 1-004(F) NMRA establishes a hierarchy of service methods. Personal service (F)(1) is preferred, followed by mail or commercial courier service (F)(2), and substitute/abode service (F)(3). Substitute service may only be used after the higher methods have been attempted and failed.

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: Service may be made by certified or registered mail, return receipt requested, or by commercial courier service. Service is not complete until the return receipt or delivery evidence is received. Service by mail need not be at the defendant's home address (Rule 1-004(F)(2)).

5. Substitute / Abode Service: Leaving copies at the defendant's usual place of abode with a person over the age of fifteen (15) who resides therein. The server must also mail a copy to the defendant's last known mailing address. Service is not complete until the mailing step is accomplished (Rule 1-004(F)(3)).

6. Service on Corporations: Service on a corporation is made by delivering copies to an officer, managing or general agent, registered agent, or any agent authorized by appointment or by law (Rule 1-004(F)(4)).

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(G)).

9. Proof of Service — Others: When service is by a non-sheriff, proof is by affidavit (Rule 1-004(G)).

10. Service by Publication: Requires a court order upon a showing by affidavit that service cannot be reasonably made by other methods. Publication must be once each week for three consecutive weeks unless the court orders otherwise. If the defendant's residence is known, it must be stated in the affidavit. Mailing of process must occur not less than 35 days before rendition of final judgment (Rule 1-004(H)).

11. Court-Ordered Alternative Service: Upon motion and affidavit showing service cannot reasonably be made by other methods, the court may order any method reasonably calculated to give notice, including publication, social media, or other electronic means (Rule 1-004(H)).

12. Unsworn Declarations: NMSA 1978, § 38-6-4 permits unsworn declarations under penalty of perjury in lieu of notarized affidavits in many civil contexts, subject to court acceptance.

13. 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.

14. 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.