STATE OF NEW MEXICO – GENERAL DENIAL ANSWER TEMPLATE

District Court (Rule 1-001 NMRA et seq.)

[// GUIDANCE: This template is designed for use in ANY New Mexico state-court civil action (District Court).
• Complies with Rules 1-008, 1-012, 1-013, and 1-005 NMRA.
• Insert or delete bracketed text as appropriate.
• Verify local rules for judge- or county-specific pleading requirements (e.g., font, page limits).]

I. CAPTION

text
STATE OF NEW MEXICO
COUNTY OF [_]
[__] JUDICIAL DISTRICT COURT

[PLAINTIFF NAME], )
Plaintiff, )
)
v. ) No. D-[__]-[_]-[_]
)
[DEFENDANT NAME], )
Defendant. )

II. TITLE OF PLEADING

ANSWER OF [DEFENDANT NAME] TO COMPLAINT; ASSERTION OF AFFIRMATIVE DEFENSES; AND [OPTIONAL] COUNTERCLAIM(S)

[// GUIDANCE: If no counterclaims are asserted, delete bracketed language and Section VI.]

III. INTRODUCTORY STATEMENT

1. Pursuant to Rules 1-008 and 1-012 NMRA, Defendant [DEFENDANT NAME] (“Defendant”) hereby answers the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”).
2. Unless expressly admitted herein, every allegation of the Complaint is denied.
3. Paragraph numbers correspond to those in the Complaint. If Plaintiff’s paragraphs are mis-numbered or combine multiple allegations, renumber or break out responses for clarity.

IV. SPECIFIC RESPONSES

[// GUIDANCE: Choose EITHER “Paragraph-by-Paragraph” responses OR a “General Denial” with Rule-compliant exceptions.]

Option A – Paragraph-by-Paragraph

text
1. Defendant admits the allegations contained in Paragraph 1 of the Complaint.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2 and therefore denies the same pursuant to Rule 1-008(B)(6) NMRA.
3. Defendant denies the allegations in Paragraph 3.
…

Option B – Short-Form General Denial (Rule 1-008(B)(3) NMRA)

text
Defendant denies each and every allegation of the Complaint, including all causes of action, damages, and requested relief, and demands strict proof thereof. To the extent any allegation is expressly admitted in this Answer, such admission is made solely for purposes of this action.
[// GUIDANCE: In New Mexico, a party may utilize the short-form general denial so long as no partial admissions are required. If ANY allegation must be admitted, use Option A.]

V. AFFIRMATIVE DEFENSES

(Preserved under Rules 1-012(B) & 1-008(C) NMRA)

[// GUIDANCE: Plead EVERY affirmative defense that might apply; unpled defenses may be waived.]

1. Failure to State a Claim. The Complaint fails to state a claim upon which relief can be granted.
2. Lack of Personal Jurisdiction.
3. Insufficiency of Process and/or Service of Process.
4. Statute of Limitations. All or part of Plaintiff’s claims are time-barred under applicable limitations periods.
5. Estoppel (Collateral, Judicial, and/or Equitable).
6. Waiver and Release.
7. Payment, Accord, and Satisfaction.
8. Failure of Consideration.
9. Laches.
10. Unclean Hands.
11. Comparative or Contributory Fault of Plaintiff and/or Non-Parties (as recognized by NM law).
12. Offset/Setoff and Recoupment.
13. Reservation of Additional Defenses. Defendant reserves the right to assert additional defenses that become known through discovery.

VI. COUNTERCLAIMS (Rule 1-013 NMRA)

[// Delete entire section if no counterclaims.]

1. Jurisdiction & Venue. This Court has jurisdiction over the subject matter of, and the parties to, these Counterclaims pursuant to Article VI, Section 13 of the New Mexico Constitution, and venue is proper in this County under NMSA 1978, § 38-3-1.
2. Parties. Counter-Plaintiff [DEFENDANT NAME] is a [state] [entity type] with its principal place of business in [location]. Counter-Defendant [PLAINTIFF NAME] is alleged to be a resident of [location].
3. General Allegations.
   a. …
   b. …
4. Count I – [e.g., Breach of Contract]. (Plead elements with particularity.)
5. Count II – [e.g., Unjust Enrichment].
6. Prayer for Relief on Counterclaims. Counter-Plaintiff requests:
   a. Judgment in its favor;
   b. Damages in an amount to be proven at trial;
   c. Pre- and post-judgment interest as allowed by law;
   d. Costs, reasonable attorneys’ fees, and such other relief as the Court deems just.

VII. RESERVATION OF RIGHTS

Defendant expressly reserves the right to (a) amend this Answer under Rule 1-015 NMRA; (b) assert additional affirmative defenses and counterclaims as discovery progresses; and (c) object to Plaintiff’s pleadings, discovery, or evidence at any time.

VIII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint in its entirety, with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant its costs and, where authorized, reasonable attorneys’ fees; and
4. Grant such other and further relief as the Court deems just and proper.

IX. DEMAND FOR BENCH TRIAL

[// GUIDANCE: Jury waiver is “not applicable” per metadata. Omit if jury demand will be filed.]

Defendant requests that this matter be tried to the Court.

X. SIGNATURE BLOCK

text
Respectfully submitted,

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME], Esq.
New Mexico Bar No. [__]
[Firm Address]
[City, State ZIP]
Telephone: [___]
Email: [[email protected]]

ATTORNEYS FOR DEFENDANT

XI. CERTIFICATE OF SERVICE

(Rule 1-005 NMRA)

text
I HEREBY CERTIFY that on the ___ day of ____, 20__, a true and correct copy of the foregoing Answer was [mailed / delivered / e-mailed via Odyssey File & Serve] to:

[Name and address / e-service information for all counsel of record]

[Attorney Name]

APPENDIX – KEY NEW MEXICO DEADLINES & CHECKLIST

1. Answer Deadline: 30 days after service of summons and complaint. Rule 1-012(A) NMRA.
2. Time to Amend Answer as a Matter of Course: Within 21 days after serving it. Rule 1-015(A) (1) (b).
3. Counterclaim Designation:
   • Compulsory – Must be filed with this Answer (Rule 1-013(A)).
   • Permissive – May be filed now or later with leave (Rule 1-013(B)).
4. Affirmative Defenses: Must be stated in this Answer or may be deemed waived (Rule 1-012(H)).
5. Certificate of Service: Required on EVERY pleading (Rule 1-005(F)).
6. Formatting: 12-pt font; double-spaced text; one-inch margins (Local rules may vary).

[// GUIDANCE: Always confirm no standing orders or judge-specific requirements alter the above defaults.]

Template last revised: [MM/DD/YYYY].