§ RULE 2-702. DEFAULT

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 7 > RULE 2-702.

RULE 2-702. DEFAULT

A. Entry at Time of Appearance. If the defendant fails to appear or has not filed an answer within the time prescribed by Rule 2-202, and if the plaintiff proves by an appropriate return that proper service was made upon the defendant, the magistrate may enter judgment for the plaintiff for the amount due, including interest, costs and other items allowed by law. The magistrate may require evidence as to any fact before entering default judgment.

A copy of the default judgment shall forthwith be mailed by the clerk of the court to each party against whom judgment has been entered. The clerk shall endorse on the judgment the date of mailing.

B. At Time of Trial. Failure to appear at the time and date set for trial shall be grounds for entering a default judgment against the nonappearing party.

C. Setting Aside Default. For good cause shown, within thirty (30) days after entry of judgment and if no appeal has been timely taken, the magistrate may set aside a default judgment.