New Mexico State Court Counterclaim and Cross-Claim

NEW MEXICO STATE COURT COUNTERCLAIM AND CROSS-CLAIM

1. CAPTION

STATE OF NEW MEXICO

COUNTY OF [________________]

[________] JUDICIAL DISTRICT COURT

No. [____________]

DEFENDANT'S ANSWER, COUNTERCLAIM AGAINST PLAINTIFF, AND CROSS-CLAIM AGAINST CO-DEFENDANT

2. INTRODUCTION

Defendant [DEFENDANT NAME] ("Defendant" or "Counterclaimant"), having answered the Plaintiff's Complaint, hereby asserts the following Counterclaim against Plaintiff pursuant to Rule 1-013(A)–(B) NMRA and the following Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] pursuant to Rule 1-013(G) NMRA, and in accordance with the pleading requirements of Rule 1-008 NMRA states:

3. PARTIES; COMPULSORY VS. PERMISSIVE CLASSIFICATION

3.1. Counterclaimant [DEFENDANT NAME] is a [individual / corporation / limited-liability company] [residing in / with a principal place of business in] [County, State].

3.2. Counterclaim-Defendant [PLAINTIFF NAME] is the Plaintiff in this action and is a [individual / corporation / limited-liability company] [residing in / with a principal place of business in] [County, State].

3.3. Cross-Claim Defendant [CO-DEFENDANT NAME] is a coparty named as a Defendant in this action and is a [individual / corporation / limited-liability company] [residing in / with a principal place of business in] [County, State].

3.4. Compulsory counterclaim. Under Rule 1-013(A) NMRA, a pleading shall state as a counterclaim any claim that, at the time of serving the pleading, the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. Before classifying an omitted claim, check Rule 1-013(A)'s exceptions for a claim already pending when the action began and for the rule's attachment/no-personal-judgment setting. Rule 1-013(F) also permits an omitted counterclaim to be added by leave of court for oversight, inadvertence, excusable neglect, or when justice requires.

☐ The counterclaim(s) below are COMPULSORY under Rule 1-013(A) because they arise out of the same transaction or occurrence as Plaintiff's claims.

☐ The counterclaim(s) below are PERMISSIVE under Rule 1-013(B). Under Rule 1-013(B), a pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.

3.5. Cross-claim. Under Rule 1-013(G) NMRA, a pleading may state as a cross-claim any claim by one party against a coparty arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein, or relating to any property that is the subject matter of the original action. A cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

3.6. Additional parties. Under Rule 1-013(H) NMRA, when parties beyond those in the original action are required for complete relief on a counterclaim or cross-claim, the court shall order them brought in as provided in the rules if jurisdiction can be obtained and their joinder will not deprive the court of jurisdiction.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over the Counterclaim and Cross-Claim. The District Court is a court of general jurisdiction under N.M. Const. art. VI, § 13.

4.2. This Court has personal jurisdiction over Counterclaim-Defendant [PLAINTIFF NAME], who invoked the jurisdiction of this Court by filing the Complaint, and over Cross-Claim Defendant [CO-DEFENDANT NAME], who [resides in / transacts business in / has otherwise submitted to the jurisdiction of] New Mexico.

4.3. Venue for the action is proper in this County under NMSA 1978, Section 38-3-1 [SELECT SUBSECTION] because [FACTS SATISFYING THE SELECTED CLAIM- AND DEFENDANT-SPECIFIC ROUTE].

5. GENERAL FACTUAL ALLEGATIONS

5.1. On or about [__/__/____], [describe the transaction, agreement, or occurrence giving rise to the claims].

5.2. [State the second material fact.]

5.3. [State the third material fact.]

5.4. [State the fourth material fact — the conduct of Plaintiff constituting the breach or wrong.]

5.5. [State the fifth material fact — the conduct of the Co-Defendant relevant to the cross-claim.]

5.6. As a direct and proximate result of the conduct described above, Counterclaimant has been damaged in an amount to be proven at trial.

6. FIRST COUNTERCLAIM — Breach of Contract (Against Plaintiff)

6.1. Counterclaimant realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

6.2. Counterclaimant and Counterclaim-Defendant entered into a valid and enforceable contract, the [Contract Name] dated [__/__/____].

6.3. Counterclaimant performed all obligations required of it under the contract, except those it was excused or prevented from performing.

6.4. Counterclaim-Defendant breached the contract by [describe the breach].

6.5. As a direct and proximate result of the breach, Counterclaimant has suffered damages in an amount to be proven at trial, together with interest, costs, and attorney's fees as allowed by contract or statute.

7. SECOND COUNTERCLAIM — Unjust Enrichment (Against Plaintiff)

7.1. Counterclaimant realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

7.2. Counterclaimant conferred a benefit on Counterclaim-Defendant, namely [describe the benefit], at Counterclaim-Defendant's request or with its knowledge.

7.3. Counterclaim-Defendant knowingly accepted and retained that benefit.

7.4. It would be unjust to allow Counterclaim-Defendant to retain the benefit without paying its reasonable value.

7.5. Counterclaimant is entitled to restitution in an amount to be proven at trial, plus interest as allowed by law.

8. THIRD COUNTERCLAIM — [Other Claim] (Against Plaintiff)

8.1. Counterclaimant realleges and incorporates the preceding paragraphs as though fully set forth herein.

8.2. [Element one of the claim, with supporting facts.]

8.3. [Element two of the claim, with supporting facts.]

8.4. [Element three of the claim, with supporting facts.]

8.5. As a direct and proximate result, Counterclaimant has been damaged in an amount to be proven at trial.

9. CROSS-CLAIM — Indemnity and Contribution (Against Co-Defendant)

9.1. Cross-Claimant [DEFENDANT NAME] realleges and incorporates Paragraphs 3.1 through 5.6 as though fully set forth herein.

9.2. This Cross-Claim is asserted against Cross-Claim Defendant [CO-DEFENDANT NAME] pursuant to Rule 1-013(G) NMRA because it arises out of the same transaction or occurrence that is the subject matter of the original action and/or of the Counterclaim.

9.3. Indemnity. If Cross-Claimant is found liable to Plaintiff on any claim in the Complaint, such liability arises solely or primarily from the acts or omissions of Cross-Claim Defendant, and Cross-Claimant is entitled to full or partial indemnity from Cross-Claim Defendant by contract or under the common law.

9.4. Contribution. In the alternative, if Cross-Claimant and Cross-Claim Defendant are found jointly liable, Cross-Claimant is entitled to contribution from Cross-Claim Defendant under the Joint Tortfeasor Contribution provisions, NMSA 1978, Section 41-3-1 et seq., consistent with New Mexico's system of comparative fault and several liability.

9.5. Same transaction. [State any direct cross-claim Cross-Claimant has against Cross-Claim Defendant arising from the same transaction.]

9.6. As a result, Cross-Claimant is entitled to judgment over against Cross-Claim Defendant for all or part of any sum that may be adjudged against Cross-Claimant, together with costs.

10. PRAYER FOR RELIEF

WHEREFORE, Counterclaimant / Cross-Claimant respectfully requests that this Court:

On the Counterclaim against Plaintiff:

A. Enter judgment for Counterclaimant and against Counterclaim-Defendant for compensatory damages in an amount to be proven at trial;

B. Award restitution of the reasonable value of benefits conferred;

C. Award pre-judgment and post-judgment interest under NMSA 1978, Section 56-8-3 and Section 56-8-4;

D. Award costs and, where authorized, reasonable attorney's fees;

On the Cross-Claim against Co-Defendant:

E. Order full or partial indemnity for any sums adjudged against Cross-Claimant in favor of Plaintiff;

F. Order contribution from Cross-Claim Defendant under NMSA 1978, Section 41-3-1 et seq.;

G. Award such direct damages as Cross-Claimant may prove against Cross-Claim Defendant;

On all claims:

H. Grant such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Pursuant to Rule 1-038 NMRA and N.M. Const. art. II, § 12, Counterclaimant / Cross-Claimant demands a trial by jury on all issues so triable.

☐ Yes — a jury trial is demanded (the applicable jury fee is tendered or will be paid as required).

☐ No — no jury trial is demanded.

12. VERIFICATION

STATE OF NEW MEXICO )

COUNTY OF [____________] )

I, [NAME], being first duly sworn, state that I am the [Defendant / officer / title] in the above-entitled action; that I have read the foregoing Counterclaim and Cross-Claim; and that the statements therein are true to the best of my knowledge, information, and belief.

[________________________________]

[NAME]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [____________])

13. SIGNATURE BLOCK (RULE 1-011 NMRA)

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME]

Attorney for Defendant / Counterclaimant / Cross-Claimant [DEFENDANT NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____________]

Email: [____________]

Dated: [__/__/____]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing ANSWER, COUNTERCLAIM, AND CROSS-CLAIM on all parties of record in accordance with Rule 1-005 NMRA by the method(s) indicated below:

☐ The Statewide Electronic Filing System (Odyssey File & Serve), which served all registered parties;

☐ United States Mail, postage prepaid, to counsel of record at the address(es) below;

☐ Hand delivery;

☐ Other method permitted by Rule 1-005 NMRA: [____________].

Served upon:

[NAME AND ADDRESS OF COUNSEL FOR PLAINTIFF]

[NAME AND ADDRESS OF COUNSEL FOR CO-DEFENDANT]

[________________________________]

[ATTORNEY NAME]

15. NEW MEXICO PRACTICE NOTES

• Trial court. The general civil trial court is the New Mexico District Court (general jurisdiction). Claims of $10,000 or less may be filed in Magistrate Court or, in Bernalillo County, the Metropolitan Court.
• Answer / response deadlines (Rule 1-012(A) NMRA). A defendant must serve an answer within 30 days after service of the summons and complaint. A party served with a pleading stating a cross-claim must serve an answer within 30 days after service. The plaintiff must serve a reply to a counterclaim within 30 days after service of the answer.
• Compulsory vs. permissive. Rule 1-013(A) supplies the transaction test and two express exceptions; Rule 1-013(F) supplies a leave-to-amend route for specified omitted claims. Rule 1-013(B) makes other counterclaims permissive. Classify any claimed preclusion effect from the complete current rule and controlling authority rather than from the transaction test alone.
• Cross-claim. A cross-claim against a coparty is authorized by Rule 1-013(G) and is pleaded with the Answer.
• Additional parties. Rule 1-013(H) requires additional parties needed for complete relief to be brought in only when jurisdiction can be obtained and joinder will not deprive the court of jurisdiction.
• Comparative fault / contribution. New Mexico follows pure comparative negligence and several (not joint) liability for most tort claims; contribution among tortfeasors is governed by NMSA 1978, Section 41-3-1 et seq. Evaluate the interplay before relying on contribution.
• Recoupment/setoff. Under NMSA 1978, Section 37-1-15, a time-barred setoff or counterclaim may sometimes be pleaded defensively (recoupment) but not for affirmative relief; consult counsel.
• Electronic filing. New Mexico District Courts use the statewide electronic filing system; verify local district requirements.

16. SOURCES AND REFERENCES

• New Mexico Rules of Civil Procedure for the District Courts (NMRA), via NMOneSource — https://nmonesource.com/nmos/nmra/en/item/3756/index.do
• Rule 1-013 NMRA (Counterclaim and Cross-Claim) — (A) compulsory, (B) permissive, (G) cross-claim against coparty, (H) joinder via Rules 1-019, 1-020
• Rule 1-012(A) NMRA (30-day answer; 30-day answer to cross-claim; 30-day reply to counterclaim)
• Rule 1-008 NMRA (general rules of pleading); Rule 1-011 NMRA (signing); Rule 1-005 NMRA (service); Rule 1-038 NMRA (jury demand)
• NMSA 1978, Section 41-3-1 et seq. (Joint Tortfeasor Contribution); Section 37-1-15 (setoff/recoupment)
• NMSA 1978, Section 38-3-1 (venue); Section 56-8-3, Section 56-8-4 (interest)
• N.M. Const. art. VI, § 13 (district court jurisdiction); art. II, § 12 (jury trial)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Mexico must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.