§ RULE 2-804. JUDGMENT; SUPPLEMENTARY PROCEEDINGS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 8 > RULE 2-804.

RULE 2-804. JUDGMENT; SUPPLEMENTARY PROCEEDINGS

A. Examinations in Aid of Judgment or Execution. After the filing of a judgment for the payment of money, upon request of the judgment creditor or the judgment creditor's successor in interest, the clerk may issue a subpoena directing any person with knowledge that will aid in enforcement of or execution on the judgment, including the judgment debtor, to appear before the court to respond to questions relating to that knowledge. The subpoena shall be served in the same manner as other subpoenas except that it shall be served not less than three (3) days prior to the date the examination is to be conducted.

B. Statements. Any person with information which is subject to discovery shall give a statement relating to the assets of a judgment debtor. If the statement is to be obtained from the judgment debtor or from a person who refuses to voluntarily give a statement, the judgment creditor may obtain a statement by serving a written “notice of statement” upon the person to be examined and upon the judgment debtor not less than five (5) days before the date scheduled for the statement. The notice will state the time and place for taking of the statement. A subpoena may also be served to secure the presence of the person to be examined or the materials to be examined during the statement.

C. Depositions; Interrogatories. The judgment creditor may serve interrogatories upon or take the deposition of the person whom the judgment creditor desires to examine in the manner provided by the Rules of Civil Procedure for the District Courts.

D. Notice and Service of Pleadings. A party desiring to take the deposition or statement of any person shall give notice to every other party to the action. Notice of the taking of depositions, issuance of a subpoena or the taking of a statement pursuant to this rule is not required if the judgment debtor failed to appear and a default judgment was entered.

E. Docketing Judgment in District Court. Upon the expiration of the time for appeal, the judgment creditor may file in the district court of the county in which the magistrate issued the judgment a certified copy of the judgment. Upon payment of the prescribed docket fee, the clerk of the district court shall docket the judgment, in the same manner in which judgments of the district court are docketed, and shall issue a transcript of judgment as though the judgment had been issued by the district court. The docketing of a judgment in the district court pursuant to this paragraph shall not prevent the magistrate court from issuing writs and other orders in aid of enforcement of the judgment of the magistrate court.