§ RULE 2-701. JUDGMENTS; COSTS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 7 > RULE 2-701.

RULE 2-701. JUDGMENTS; COSTS

A. Definition; Form. “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment should not contain a recital of pleadings or the record of prior proceedings.

B. Judgment Upon Multiple Claims or Involving Multiple Parties.

(1) Except as provided in Subparagraph (2) of this paragraph, when more than one claim for relief is presented in an action, whether as a claim or counterclaim, the court may enter a final judgment as to one or more but fewer than all of the claims only upon an express determination that there is no just reason for delay. In the absence of such determination, any order or other form of decision, however designated, which adjudicates fewer than all of the claims shall not terminate the action as to any of the claims and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims.

(2) When multiple parties are involved, judgment may be entered adjudicating all issues as to one or more, but fewer than all parties. Such judgment shall be a final judgment unless the court, in its discretion, expressly provides otherwise in the judgment. If the judgment provides that it is not a final judgment, it shall not terminate the action as to such party or parties and shall be subject to revision at any time before the entry of judgment adjudicating all claims and the rights and liabilities of all the parties.

C. Entry of Judgment. Following the trial the court shall enter a written judgment in accordance with the verdict of the jury or, if the trial was without a jury, in accordance with the court's decision. The court may direct counsel for any party to prepare the judgment. If any setoff or counterclaim is established by the defendant, the amount of the setoff or counterclaim shall be offset against any sum owed the plaintiff and judgment entered accordingly.

D. Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that claimed in the complaint. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.

E. Costs. Any docket fee, jury fee or copying fee paid by the prevailing party to the court shall be awarded to the prevailing party against the losing party. The court may award any fees actually paid by the prevailing party for service of the complaint, summons and subpoenas and for attendance of witnesses, including expert witnesses. No costs or fees shall be taxed against the state, its officers and agencies. Expert witness fees for any case shall not exceed five hundred dollars ($500), plus the fee for per diem expenses provided by Subsection A of Section 10-8-4 NMSA 1978 for nonsalaried public officers attending a board or committee meeting and the mileage provided by Subsection D of Section 10-8-4 NMSA 1978. The fee for per diem expenses shall not be prorated.