New Mexico Forms Library

4A-311.  Affidavit as to Respondent’s failure to plead or otherwise defend (domestic relations actions).

STATE OF NEW MEXICO

COUNTY OF ________________________

__________________ JUDICIAL DISTRICT

___________________________________,

Petitioner,

v.                                                                                                                     No. __________

___________________________________,

Respondent.

AFFIDAVIT AS TO RESPONDENT’S

FAILURE TO PLEAD OR OTHERWISE DEFEND

(domestic relations actions)¹

            Petitioner affirms under penalty of perjury under the laws of the State of New Mexico that the following statements are true and correct:

            (1)       I am the Petitioner, and I submit this Affidavit to show that Respondent has failed to file an answer or otherwise respond to the Petition For Dissolution of Marriage that I filed on __________________.

            (2)       Respondent was served as follows (choose and complete one):

                        [ ]         As shown by the Affidavit of Service filed on __________________, Respondent was personally served on ________________________.

                        (Or)

                        [ ]         As shown by the Affidavit of Publication filed on _______________, Respondent was served by publication.

            (3)       Respondent has not filed an answer, motion, or otherwise responded, and more than thirty (30) days have passed since Respondent was served with the Summons and Petition for Dissolution of Marriage.

            (4)       Upon information and belief, Respondent is not in the military service of the United States and is not an infant or incompetent person. 

[  ] YES (required)   I have attached a certificate verifying Respondent’s active duty status.²

WHEREFORE, Petitioner asks the Clerk of this Court to certify Respondent’s Default.

                                                                                    ________________________________

                                                                                    Signature of party

                                                                                    ________________________________

                                                                                    Name (printed)

                                                                                    ________________________________

                                                                                    Mailing address

                                                                                    ________________________________

                                                                                    City, state, and zip code (print)

                                                                                    ________________________________

                                                                                    Telephone number

VERIFICATION

            I, _______________________, affirm under penalty of perjury under the laws of the State of New Mexico that I am the Petitioner in the above-entitled cause, and I know and understand that the contents contained in the above Affidavit are true to the best of my knowledge and belief.

                                                                                    ________________________________

                                                                                    Signature of Petitioner        Date

USE NOTES

            1.         This form may be used anywhere in this state to request the clerk of the court to issue a certificate as to the state of the record (Form 4A-312 NMRA) in a domestic relations action.

            2.         This affidavit must include a certificate verifying the petitioner’s active duty status, which you can obtain online at https://dmdc.osd.mil/appj/scra/single_record.xhtml.

[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended by Supreme Court No. 14-8300-011, effective for all pleadings and papers filed on or after December 31, 2014, in all cases filed or pending on or after December 31, 2014.]