New Mexico Forms Library

4-305. Notice of dismissal of complaint.

[For use with Magistrate Court Rule 2-305 and
Metropolitan Court Rule 3-305]

STATE OF NEW MEXICO

COUNTY OF _______________

___________________ COURT

                                                                                                No. ____________

_____________________________, Plaintiff

v.

_____________________________, Defendant

NOTICE OF DISMISSAL OF COMPLAINT¹

Plaintiff hereby dismisses plaintiff's complaint without prejudice.

                                                            ______________________________________

                                                            Plaintiff or attorney for plaintiff 

CERTIFICATE OF SERVICE²

I hereby certify that on this ____ day of ______________, ______ this ______________ (insert paper served, such as "answer" or "notice") was

[mailed by United States first class mail, postage prepaid, and addressed to:

Name:            ________________________________

Address:        ________________________________

City, State      ________________________________

and zip code: ________________________________]

[faxed by ________________________ (name of person who faxed document) to ______________________ (name of recipient) at _________________ (telephone number).  The transmission was reported as complete.  The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).]

[e-mailed to ______________________ (name of party or attorney) at _________________ (electronic mail address of recipient) upon agreement of the party to accept electronic service.  The transmission was reported as complete.  The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).]

[delivered to __________________________ (Specify how service by delivery was made.  See Use Note 1 for the methods service may be made using this alternative) _______________________________________________:]

                                                                                    ________________________________

                                                                                    Signature of person sending paper

                                                                                    ________________________________

                                                                                    Date of signature

USE NOTES

            1.         This form may not be used if the defendant has filed an answer or other responsive pleading.  Civil Form 4-306A NMRA is used if the defendant has filed an answer or other responsive pleading.

            2.         This request must be served on all other parties pursuant to Rule 2-203 NMRA or Rule 3-203 NMRA.  See also Rule 2-307 NMRA for how motions are presented to the court.

[As amended, effective November 1, 2000; as amended by Supreme Court Order 05-8300-05, effective March 21, 2005.]