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Rent Regulations

N.M. Stat. Ann. § 47-8-44

Absence from court of defendant.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoEviction & Just Cause

Operative Text

N.M. Stat. Ann. § 47-8-44
47-8-44. Absence from court of defendant.
   If the defendant shall not appear in response to the summons, and it shall have been
properly served, the court shall try the cause as though he were present.

History: 1953 Comp., § 70-7-44, enacted by Laws 1975, ch. 38, § 44.
Source: Legislative text reproduced verbatim
Plain English

Section 47-8-44 of New Mexico's Uniform Owner-Resident Relations Act establishes that a housing court case will proceed even if the defendant does not show up, provided the summons was properly served. The court treats the matter as if the absent party were present and hears the case on its merits. This default-proceed rule prevents a party from stalling or avoiding a resolution simply by not appearing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under NMSA § 47-8-44, a landlord who has filed a complaint and properly served the summons can expect the court to move forward with the hearing even if the resident-defendant fails to appear. Compliant operators generally keep thorough records of service to demonstrate that the summons was delivered correctly, since proper service is the threshold condition the court must find before proceeding. Maintaining documentation of all notices and service attempts supports a smooth court process under this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

NMSA § 47-8-44 means that if a tenant is named as a defendant and does not appear after being properly served, the court will hear and decide the case without them. Tenants who receive a summons have a strong interest in understanding their options, which may include appearing to raise defenses, contesting whether service was proper, or reaching out to a tenant-rights organization for general information. Missing a court date does not stop the proceeding, so being aware of any summons and its deadline is important under this provision.

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.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.M. Stat. Ann. § 47-8-3
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-27.2
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-32
N.M. Stat. Ann. § 47-8-42
N.M. Stat. Ann. § 47-8-15
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-43
N.M. Stat. Ann. § 47-8-49
N.M. Stat. Ann. §§ 47-8-1–47-8-51
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-4
N.M. Stat. Ann. § 47-8-3

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Source:https://nmonesource.com/nmos/nmsa-unanno/en/18550/1/document.do
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