Fill and Sign the Forms and Instructions Ninth Circuit Court of Appeals

CIVIL FORM 4-905 1 24-905 34 [Section 47-8-43 NMSA 1978] 567 STATE OF NEW MEXICO 8 IN THE ________________________ COURT No.___________ 9 _______________________________ COUNTY 1011 ________________________________________, Plaintiff 1213 v. 1415 ________________________________________, Defendant 161718 SUMMONS AND NOTICE OF TRIAL 19 ON PETITION FOR WRIT OF RESTITUTION 20 (Uniform Owner-Resident Relations Act) 2122 To: ________________________________________, 23 defendant 24 Address: 25 ______________________________________________ 26 ________________________________, New Mexico 27 __________ 2829 GREETINGS: 3031 You are ordered to appear for trial before the 32 Honorable ________________________, Judge, Div.__________, 33 located at ______________________________, New Mexico on 34 the ________ day of ______________, ________ (date), at the 35 hour of ________.m. to show cause and present all evidence 36 you may have why the plaintiff's petition for a writ of 37 restitution for the property located at ___________________ 38 should not be granted and why the plaintiff should not have 39 judgment against you for any back rents or damages you 40 caused to the property, in accordance with the petition 41 filed by the plaintiff in this action, a copy of which is 42 attached. 4344 Your failure to appear at the time and place specified 45 above may result in the entry of judgment against you in 46 accordance with the petition filed by the plaintiff in this 47 action, a copy of which is attached. 48 CIVIL FORM 4-905 1You may file a written answer and assert any claims 2 you may have prior to the trial. CIVIL FORM 4-905 1FOR USE ONLY IN METROPOLITAN COURT CASES 2 3 [IF YOU WANT A TAPE RECORDING OF ANY PROCEEDING, YOU 4 MUST REQUEST IT BEFORE THE BEGINNING OF THE PROCEEDING. IF 5 YOU DO NOT ASK FOR A TAPE RECORDING, YOU WILL NOT HAVE A 6 RECORD OF THE PROCEEDINGS TO TAKE TO THE DISTRICT COURT FOR 7 ANY APPEAL.] 89 Dated: ______________. 101112 __________________________________ 13 Judge 141516 By: ______________________________ 17 Clerk 1819 THIS IS YOUR NOTICE OF TRIAL and will be the only 20 notice that you will receive. 2122 RETURN 2324 STATE OF NEW MEXICO ) 25 ) ss 26 COUNTY OF ________________ ) 2728 (complete if service is by a person other than the sheriff 29 or deputy) 3031 I, being sworn state that I am over the age of 32 eighteen (18) years and not a party to this lawsuit, and 33 that I served this summons in ________________________ 34 county on the __________ day of ______________, ________ 35 (date), by delivering a copy of this summons, a copy of the 36 petition and a copy of the answer form2 in the following 37 manner: 3839 (check and complete only if service by sheriff or deputy) 4041 I certify that I served this summons in ______________ 42 county on the __________ day of ______________, ________ 43 (date), by delivering a copy of the summons, a copy of the 44 petition and an answer form2 in the following manner: 4546 (person serving summons must check one of following boxes 47 and fill in appropriate blanks) 48 CIVIL FORM 4-905 1[ ] by delivering a copy of this summons, a copy of 2 the petition and an answer form to the defendant __________ 3 (used when defendant receives copy of summons or refuses to 4 receive summons). 5 6 [ ] by delivering a copy of this summons, a copy of 7 the petition and an answer form to __________________, a 8 person over fifteen (15) years of age and residing at the 9 usual place of abode of defendant __________________, 10 located at ______________________________ (address) (used 11 when defendant is not presently at the abode). 1213 [ ] by posting a copy of the summons, petition and an 14 answer form in the most public part of the premises of 15 defendant __________________ located at ___________________ 16 (address). (Used if no person found at dwelling house or 17 usual place of abode.) (If service is by posting a copy of 18 the summons, petition and an answer form must also be 19 mailed to the person served. The person serving by posting 20 and the person serving by mail must each sign a return. 21 The person mailing must check and complete the certificate 22 of mailing at the end of this summons.) 2324 [ ] by delivering a copy of this summons, a copy of 25 the petition and an answer form to __________________, an 26 agent authorized to receive service of process for 27 defendant. 2829 [ ] by delivering a copy of this summons, a copy of 30 the complaint and an answer form to _____________________, 31 (parent) (guardian) (custodian) of defendant (used when 32 defendant is a minor or an incompetent person). 3334 [ ] by delivering a copy of this summons, a copy of 35 the petition and an answer form to ________________________ 36 (name of person), __________________, (title of person 37 authorized to receive service) (used when defendant is a 38 corporation or an association subject to a suit under a 39 common name, a land grant board of trustees, the State of 40 New Mexico or any political subdivision). 4142 [ ] by service by mail. 4344 Fees: __________________ 454647 __________________________________ 48 Signature of person making service CIVIL FORM 4-905 1 23__________________________________ 4 Title (if any) 56 Subscribed and sworn to before me this ________ day of 7 ______________, ________. 89 10 ______________________________ 11 Judge, notary or other officer 12 authorized to administer oaths 131415 ______________________________ 16 Official title 1718 To be completed if service is made by posting) 1920 I, being sworn, state that I am over the age of 21 eighteen (18) years and not a party to this lawsuit, and 22 that I served a copy of this summons on the ________ day of 23 ______________, ________, by mailing first class mail, 24 postage prepaid, a copy of this summons, a copy of the 25 complaint, and an answer form to: 2627 ______________________________ (name of person served) 28 ______________________________ (address where mailed) 29 ______________________________ (county) 30 ______________________________ (city, state and zip code) 313233 __________________________________ 34 Signature of person making service 353637 __________________________________ 38 Title (if any) 394041 __________________________________ 42 Place of mailing 434445 __________________________________ 46 _ 47 Date 48 CIVIL FORM 4-905 1 2Subscribed and sworn to before me this ________ day of 3 ______________, ________. 456 __________________________________ 7 _ 8 Judge, notary or other officer 9 authorized to administer oaths 101112 __________________________________ 13 _ 14 Official title 1516 (To be completed if service is made by mail.) 1718 I, being sworn, state that I am over the age of 19 eighteen (18) years and not a party to this lawsuit, and 20 that I served a copy of this summons on the ________ day of 21 ______________, ________, by mailing first class mail, 22 postage prepaid, a copy of this summons, a copy of the 23 complaint, an answer form and two copies of the notice and 24 acknowledgement and a return envelope, postage prepaid, 25 addressed to: 2627 ________________________________ (name of person served) 28 ________________________________ (address where mailed) 29 ________________________________ (county) 30 _____________________________ (city, state and zip code) 313233 __________________________________ 34 _ 35 Signature of person making service 363738 __________________________________ 39 _ 40 Title (if any) 414243 __________________________________ 44 _ 45 Place of mailing 4647 CIVIL FORM 4-905 1__________________________________ 2 _ 3 Date 4 5 Subscribed and sworn to before me this ________ day of 6 ______________, ________. 789 __________________________________ 10 _ 11 Judge, notary or other officer 12 authorized to administer oaths 131415 __________________________________ 16 _ 17 Official title 181920 USE NOTES 2122 1. A separate summons must be used for each 23 defendant. 2425 2. An answer form must be attached to the summons at 26 the time of service. For answer forms, see Rule 4-907 NMRA. 2728 3. If service is made by the sheriff or a deputy 29 sheriff of a New Mexico county, the signature of the 30 sheriff or deputy need not be notarized. 3132 4. For use when service is by posting. 3334 5. If service is by mail, Civil Form 4-208 must be 35 completed and mailed