This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
New Mexico Answer to Counterclaim
State:
Multi-State
Control #:
US-01591
Format:
Word;
Rich Text
Instant download
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FAQ
The purpose of a motion to dismiss for failure to state a claim for relief is to test the legal sufficiency of the claim, not the facts that support it, and the possibility of recovery based on a state of facts provable under the claims bars dismissal. Trujillo v. Berry, 1987-NMCA-072, 106 N.M. 86, 738 P.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.
After the Defendant is served with the Complaint & Summons, the Defendant must file an Answer or some other pleading (such as a Motion to Dismiss) within 20 days. An Answer is a written reply to a Complaint. When sued, the Answer is Defendant's chance to explain Defendant's side of the case to the Court.
The plaintiff shall serve his reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs.
The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs.
An answer to a counterclaim is a written response by a Plaintiff to a Defendant's counterclaim. The answer to counterclaim must also state defenses to each of the Defendant's counterclaims in short, plain statements.
Once you have completed your answer and counterclaim, you should make several copies of the completed document. Take the original and copies to the court clerk and ask to file. You might have to pay a filing fee, which will depend on the court.