N.M. Stat. Ann. § 47-8-43
Issuance of summons.
Operative Text
47-8-43. Issuance of summons.
A. The summons shall be issued and directed, with a copy of the petition attached
to the summons, and shall state the cause of the complaint, the answer day for other
causes of action and notice that if the defendant fails to appear, judgment shall be
entered against him. The summons may be served pursuant to the New Mexico rules of
civil procedure and returned as in other cases. Trial of the action for possession shall be
set as follows:
(1) for any matter brought by the owner for possession, not less than seven or
more than ten days after the service of summons; or
(2) for any matter brought by the resident for possession, not less than three
or more than five days after the service of summons.
B. Upon finding of good cause, the court may continue the date of hearing on the
action for possession for up to seven days from the date of the initial hearing.
History: 1953 Comp., § 70-7-43, enacted by Laws 1975, ch. 38, § 43; 1995, ch. 195, §
20.Section 47-8-43 of New Mexico's Uniform Owner-Resident Relations Act governs the timing and content of a summons in possession actions. When an owner files for possession, the trial must be scheduled no fewer than seven and no more than ten days after the summons is served; when a resident files, the trial window is three to five days after service. A court may also extend the initial hearing date by up to seven days if good cause is shown.
Plain English — not legal advice.
Under NMSA § 47-8-43, operators initiating a possession action should be aware that the summons must include a copy of the petition, state the cause of complaint, and notify the defendant that a default judgment may be entered if they fail to appear. Compliant owners ensure their filings are served in accordance with New Mexico rules of civil procedure so that the mandatory seven-to-ten-day trial window is properly triggered. Familiarity with these procedural timelines helps property managers avoid scheduling errors that could delay resolution of a possession matter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 47-8-43 establishes procedural protections for residents facing or initiating possession actions, including minimum notice periods before a trial can be held. A resident who receives a summons has at least seven days before trial when the owner brought the action, giving time to review the complaint and explore options. Tenants who believe these procedural requirements have not been followed may raise that issue in court, consult a tenant-rights organization in New Mexico, or seek guidance from a legal aid provider familiar with the Uniform Owner-Resident Relations Act.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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