§ RULE 2-304. AMENDED AND SUPPLEMENTAL PLEADINGS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 3 > RULE 2-304.

RULE 2-304. AMENDED AND SUPPLEMENTAL PLEADINGS

A. Amendments Before Response. At any time before a responsive pleading is served, a party may amend that party's initial pleading once without permission of the court. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

B. Amendments After Response to Pleading. At any time after the filing of an answer or response, upon request of a party, the court may, upon reasonable notice and upon such terms as may be just, permit a party to amend the party's pleading. Permission to amend the party's pleading shall be freely granted when justice so requires. The court may grant a continuance to permit an objecting party to respond to the amended pleading.

C. Supplemental Pleadings. Upon motion of a party, the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events that have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time for filing the response. The court may grant a continuance to permit an objecting party to respond to the supplemental pleading.