NEW MEXICO RULES OF CIVIL PROCEDURE
In the state of New Mexico, a process server license is not
required. In all civil actions, any
pleading may be served by the sheriff of the county of where the defendant may
be found, or by any other individual who is over the age of eighteen years and
not a party to the action. The
exception to this rule is writs of attachment.
Writs of replevin, and writs of habeas corpus, which shall always be
served by any individual not a party to the action and over the age of eighteen
years who may be especially designated by the court to perform such service or
by the sheriff of the county where the property or person may be found.
Contempt. 1-004. Process.
SUMMONS; ISSUANCE.
SUMMONS; EXECUTION; FORM.
SUMMONS; SERVICE OF COPY.
SUMMONS; SERVICE BY MAIL.
SUMMONS; HOW SERVED.
RETURN.
SERVICE BY PUBLICATION.
AFFIDAVIT OF RESIDENCE; COPY OF
PROCESS TO BE MAILED.
SERVICE OF SUMMONS OUTSIDE OF
STATE EQUIVALENT TO PUBLICATION.
ALIAS PROCESS.
SERVICE IN MANNER APPROVED BY
COURT.
SERVICE; APPLICABLE STATUTE.
DEFINITIONS.
1-045. Subpoena.
FORM; ISSUANCE.
SERVICE; PLACE OF EXAMINATION.
PROTECTION OF PERSONS SUBJECT TO
SUBPOENAS.
DUTIES IN RESPONDING TO
SUBPOENA.
Article 2 Commencement of
Action; Service of Process, Pleadings, Motions, and Orders.
1-003. Commencement of action.
1-003.1. Commencement of action;
domestic relations cover and information sheets.
1-004. Process.
1-005. Service and filing of
pleadings and other papers.
1-005.1. Service and filing of
pleadings and other papers by facsimile.
A. Definitions. As used
in these rules:
1-006. Time.
Upon the filing of the complaint, the clerk shall forthwith issue
a summons and deliver it for service. Upon the request of the plaintiff
separate or additional summons shall issue against any defendants. Any
defendant may waive the issuance or service of summons.
The summons shall be signed by the clerk, issued under the seal of
the court, be directed to the defendant, and must contain:
1.
the name of the
court in which the action is brought, the name of the county in which the
complaint is filed, the docket number of the case, the name of the first party
on each side, with an appropriate indication of the other parties, and the name
of each party to whom the summons is directed;
2.
a direction that
the defendant serve a responsive pleading or motion within thirty (30) days
after service of the summons, and file the same, all as provided by law, and a
notice that unless the defendant so serves and files a responsive pleading or
motion, the plaintiff will apply to the court for the relief demanded in the
complaint;
3.
the name and
address of the plaintiff's attorney, if any, shall be shown on every summons,
otherwise the plaintiff's address;
4.
the summons may be
in the following form: SUMMONS (name of court) (caption of case) THE STATE OF
NEW MEXICO TO: _____________________, defendant. GREETINGS: You are hereby
directed to serve a pleading or motion in response to the complaint within
thirty (30) days after service of this summons, and file the same, all as
provided by law. You are notified that, unless you so serve and file a
responsive pleading or motion, the plaintiff will apply to the court for the
relief demanded in the complaint. Attorney or attorneys for plaintiff:
_____________________________________________________
_____________________________________________________Address of attorneys for
plaintiff (or of plaintiff, if no attorney):
_____________________________________________________
_____________________________________________________ WITNESS, the Honorable
__________________________, district judge of the _____________________
judicial district court of the State of New Mexico, and the seal of the
district court of ___________________ County, this _____ day of _____________
A.D., 20__. _________________________, Clerk By _________________________,
Deputy (The summons may also include appropriate forms for return of service.)
A copy of the summons with
copy of complaint attached shall be served together. The plaintiff shall
furnish the person making service with such copies as are necessary. SUMMONS;
BY WHOM SERVED. In civil actions any process may be served by the sheriff of
the county where the defendant may be found, or by any other person who is over
the age of eighteen (18) years and not a party to the action, except for writs
of attachment, writs of replevin, and writs of habeas corpus, which shall be
served by any person not a party to the action over the age of eighteen (18)
years who may be especially designated by the court to perform such service, or
by the sheriff of the county where the property or person may be found.
A summons and complaint may be served upon a defendant of any
class referred to in Subparagraph (1) or (2) of Paragraph F of this rule by
mailing a copy of the summons and of the complaint (by first-class mail,
postage prepaid) to the person to be served, together with two (2) copies of a
notice and acknowledgement conforming with the form set out below and a return
envelope, postage prepaid, addressed to the sender. If no acknowledgement of
service under this subdivision of this rule is received by the sender within
twenty (20) days after the date of mailing, service of such summons and
complaint shall be made by a person authorized by Paragraph D of this rule, in
the manner prescribed by Subparagraph (1) or (2) of Paragraph F of this rule.
Unless good cause is shown for not doing so, the court shall order the payment
of the costs of personal service by the person served if such person does not
complete and return within twenty (20) days after mailing the notice and
acknowledgement of receipt of summons. The form of the notice and
acknowledgement of receipt of summons and complaint shall be substantially as
follows:
NOTICE AND RECEIPT OF SUMMONS AND COMPLAINT (name of court)
(caption of case) NOTICE TO: _____________________________________________________
_____________________________________________________ (insert the name and
address of the person to be served) The enclosed summons and complaint are
served pursuant to Paragraph E of Rule 1-004 of the New Mexico Rules of Civil
Procedure. You must sign and date the receipt. If you are served on behalf of a
corporation, unincorporated association (including a partnership) or other
entity, you must indicate under your signature your relationship to that entity.
If you are served on behalf of another person and you are authorized to receive
process, you must indicate under your signature your position or title. If you
do not complete and return the form to the sender within twenty (20) days, you
(or the party on whose behalf you are being served) may be required to pay any
expenses incurred in serving a summons and complaint in any other manner
permitted by law. If you do complete and return this form, you (or the party on
whose behalf you are being served) must answer the complaint within thirty (30)
days of the date upon which this notice was mailed, which appears below. If you
fail to do so, judgment by default may be taken against you for the relief
demanded in the complaint. I declare, under penalty of perjury, that this
Notice and Receipt of Summons and Complaint was mailed on (insert date).
________________________ Signature ______________ Date of Signature RECEIPT OF
SUMMONS AND COMPLAINT I received a copy of the summons and complaint in the
above-captioned matter at (insert address). ______________ ______________
____________________ Signature ____________________ Relationship to
entity/authority to receive service of process _______________ Date of
Signature
Service shall be made as follows:
1.
upon an individual
other than a minor or an incapacitated person by delivering a copy of the
summons and of the complaint to the individual personally; or if the individual
refuses to receive such, by leaving same at the location where the individual
has been found; and if the individual refuses to receive such copies or permit
them to be left, such action shall constitute valid service. If the individual
is absent, service may be made by delivering a copy of the process or other
papers to be served to some person residing at the usual place of abode of the
defendant who is over the age of fifteen (15) years; and if there is no such
person available or willing to accept delivery, then service may be made by
posting such copies in the most public part of the defendant's premises, and by
mailing to the defendant at defendant's last known mailing address copies of
the process;
2.
upon domestic or
foreign corporation by delivering a copy of the summons and of the complaint to
an officer, a managing or a general agent, or to any other agent authorized by
appointment or by law to receive service of process and, if the agent is one
authorized by statute to receive service and the statute so requires, by also
mailing a copy to the defendant; upon a partnership by delivering a copy of the
summons and of the complaint to any general partner; and upon other
unincorporated association which is subject to suit under a common name, by
delivering a copy of the summons and of the complaint to an officer, a managing
or general agent, or to any other agent authorized by appointment or by law to
receive service of process and, if the agent is one authorized by law to
receive service and the statute so requires, by also mailing a copy to the
unincorporated association. If the person refuses to receive such copies, such
action shall constitute valid service. If none of the persons mentioned is
available, service may be made by delivering a copy of the process or other
papers to be served at the principal office or place of business during regular
business hours to the person in charge thereof;
a.
in garnishment
actions, service of writs of garnishment shall be made on the department of
finance and administration, on the attorney general and on the head of the
branch, agency, bureau, department, commission or institution. A copy of the
writ of garnishment shall be delivered or mailed by registered or certified
mail to the defendant employee;
b.
service of process
on the governor, attorney general, agency, bureau, department, commission or
institution or head thereof may be made either by delivering a copy of the
summons and of the complaint to the head or to the head's receptionist. Where
an executive secretary is employed, the executive secretary shall be considered
as the head;
3.
upon any county by
delivering a copy of the summons and of the complaint to the county clerk, who
shall forthwith notify the district attorney of the judicial district in which
the county sued is situated;
4.
upon a municipal
corporation by delivering a copy of the summons and of the complaint to the
city clerk, town clerk or village clerk, who in turn shall forthwith notify the
head of the commission or other form of governing body;
5.
upon the board of
trustees of any land grant referred to in Sections 49-1-1 through 49-10-6 NMSA
1978, process shall be served upon the president or in the president's absence
upon the secretary of such board;
6.
upon a minor,
whenever there shall be a conservator of the estate or guardian of the person
of such minor, by delivering a copy of the summons and of the complaint to the
conservator or guardian. Service of process so made shall be considered as
service upon the minor. In all other cases process shall be served by
delivering a copy of the summons and of the complaint to the minor, and if the
minor is living with an adult a copy of the summons and of the complaint shall
also be delivered to the adult residing in the same household. In all cases
where a guardian ad litem has been appointed, a copy of the summons and of the
complaint shall be delivered to such representative, in addition to serving the
minor as herein provided;
7.
upon an
incapacitated person, whenever there shall be a conservator of the estate or
guardian of the person of such incapacitated person, by delivering a copy of
the summons and of the complaint to the conservator or guardian. Service of
process so made shall be considered as service upon the ward. In all other
cases process shall be served upon the ward in the same manner as upon
competent persons;
8.
upon a personal
representative, guardian, conservator, trustee or other fiduciary in the same
manner as provided in Subparagraph (1) or (2) of this paragraph as may be
appropriate. Service shall be made with reasonable diligence, and the original
summons with proof of service shall be returned to the clerk of the court from
which it was issued.
The person serving the process shall make proof of service thereof
to the court promptly and in any event within the time during which the person
served must respond to the process. When service is made by the sheriff (or a
deputy) of the county in New Mexico, proof thereof shall be by certificate; and
when made by a person other than a sheriff (or a deputy) of a New Mexico
county, proof thereof shall be made by affidavit. If service is made under
Paragraph E of this rule, return shall be made by the sender's filing with the
court the acknowledgement received pursuant to such paragraph. Where service
within the state includes mailing, the return shall state the date and place of
mailing. Failure to make proof of service shall not affect the validity of
service.
In actions where the relief sought does not require personal
service and the party to be served is so situated that process cannot be
personally served upon the party within the state, or in situations where the
party to be served is a New Mexico resident who, by deliberate concealment to
avoid service of process, has effectively prevented service on the party in the
manner provided in Paragraph F of this rule, service by publication shall be as
follows:
1.
In any such action
or proceeding, the clerk of the court shall cause to be issued a notice of the
pendency of the action or proceeding upon the filing by plaintiff, the plaintiff's
agent or attorney, of a sworn pleading or affidavit stating that any defendant
(whether an individual, corporation, partnership or association): resides or
has gone out of the state; or is concealed within the state; or, in appropriate
cases, is deliberately concealed to avoid service of process and thereby has
effectively prevented service on the party; or the party's whereabouts cannot
be discovered after due inquiry and search has been made; or is in any manner
situated so that the process cannot be served upon the party in the State of
New Mexico.
2.
The notice of
pendency of action shall contain the names of the plaintiff and the defendant
to the cause, or if there is more than one defendant to the cause, the notice
shall contain the name of the plaintiff and the names of the defendants against
whom constructive service is sought to be obtained; except as hereinafter
provided, the notice shall contain also the name of the court in which the
cause is pending and a statement of the general objects of the action; shall
show the name of plaintiff's attorney, with the plaintiff's attorney's office
or post office address; and shall notify each defendant that unless the
defendant files a responsive pleading or motion within the time required,
judgment or other appropriate relief will be rendered in the cause against the
defendant by default. The notice shall be signed by the clerk under the seal of
the court.
3.
The notice shall
be published in some newspaper published in the county where the cause is
pending; or, if there be no newspaper published in the county, then in some
newspaper in general circulation in said county.
4.
The publication of
said notice shall be proved by the affidavit of the publisher, manager or agent
of the newspaper, and the same shall be taken and considered as sufficient
service of process and valid in law, and the plaintiff thereupon may prosecute
the cause to a final judgment.
5.
It shall not be
necessary in stating the general object of the action in any such notice specifically
to describe any real property which may be involved in such action, but in all
such notices it shall be sufficient to refer to such property merely as
"the property described in the complaint in the cause", and to
specify the county in which the land is situate and the sections, township and
range in which it is situate, if it is on land which has been officially
surveyed by section, or the land granted in which it is located if in a Spanish
or Mexican grant, or the name of the city, town or village in which it is
located, if it is in a municipality.
6.
In suits to quiet
title or in other proceedings where unknown heirs are parties, or where the
defendants are designated by name, if living, or if deceased, are designated as
the unknown heirs of such named party, it shall be sufficient to use the
following form in the complaint and in the notice of pendency of action:
"Unknown heirs of the following named deceased persons"; then
following with the names of the various deceased persons whose unknown heirs
are sought to be served; and as to parties named in the alternative: "The
following named defendants by name, if living; if deceased, their unknown
heirs". Then name such persons.
7.
In case it may be
necessary to make a further publication by reason of omission or misnaming of
parties, such further publication shall conform to the first publication,
except that in addition to the first named defendant to the cause only such
omitted or misnamed parties need be named against whom substituted service is sought
to be obtained.
When the residence of the defendant in the cases mentioned in
Paragraph H of this rule is known to the affiant, it shall be stated in the
affidavit, and if the residence is not known, that fact shall be stated. When
the residence of any defendant is known, the plaintiff, the plaintiff's agent
or attorney, shall, not less than thirty-five (35) days before rendition of
final judgment or decree in the cause, deposit a copy of the summons and
complaint in the post office, postage prepaid, directed to the defendant at the
defendant's place of residence as stated in the affidavit or pleading. Proof of
mailing shall be made by affidavit of the person mailing such copies, filed in
the cause.
Personal service of a copy of the summons and of the complaint out
of the state shall be equivalent to service by publication and mailing as
provided for by Paragraphs H and I of this rule. The defendant so served shall
be required to respond as required by law on or before thirty (30) days from
the date of service. Return of such service shall be made by affidavit of the
person making same.
When any process has not been returned, or has been returned
without service, or has been improperly served, it shall be the duty of the
clerk, upon the application of any party to the suit, to issue other process as
the party applying may direct.
Upon motion, without notice, and showing by affidavit that service
cannot reasonably be made as otherwise provided by this rule, the court may
order service by any method or combination of methods, including publication,
that is reasonably calculated under all the circumstances to apprise the
defendant of the existence and pendency of the action and to afford a
reasonable opportunity to appear and defend.
Where no provision is made in these rules for service of process,
process shall be served as provided for by any applicable statute.
Wherever the terms "summons", "process",
"service of process" or similar terms are used, such shall include
the summons, complaint and any other papers required to be served. [As amended,
effective January 1, 1987; October 1, 1998.]
1.
Every subpoena
shall:
a.
state the name of
the court from which it is issued;
b.
state the title of
the action and its civil action number;
c.
command each person
to whom it is directed to attend and give testimony or to produce and permit
inspection and copying of designated books, documents or tangible things in the
possession, custody or control of that person, or to permit inspection of
premises, at a time and place therein specified; and
d.
be substantially
in the form approved by the Supreme Court. A command to produce evidence or to
permit inspection may be joined with a command to appear at trial or hearing or
at deposition, or may be issued separately.
2.
All subpoenas
shall issue from the court for the district in which the matter is pending.
3.
The clerk shall
issue a subpoena, signed but otherwise in blank, to a party requesting it, who
shall complete it before service. An attorney authorized to practice law in New
Mexico and who represents a party, as an officer of the court, may also issue
and sign a subpoena on behalf of the court.
1.
A subpoena may be
served any place within the state;
2.
A subpoena may be
served by any person who is not a party and is not less than eighteen (18)
years of age. Service of a subpoena upon a person named therein shall be made
by delivering a copy thereof to such person and, if that person's attendance is
commanded:
a.
if the witness is
to be paid from funds appropriated by the legislature to the administrative
office of the courts for payment of state witnesses or for the payment of
witnesses in indigency cases, by processing for payment to such witness the fee
and mileage prescribed by regulation of the administrative office of the
courts;
b.
for all persons
not described in Subparagraph (2) (a) of this paragraph, by tendering to that
person the full fee for one day's expenses provided by Subsection A of Section
10-8-4 NMSA 1978 as per diem for nonsalaried public officers attending a board
or committee meeting and the mileage provided by Subsection D of Section 10-8-4
NMSA 1978. The fee for per diem expenses shall not be prorated. If attendance
is required for more than one day, a full day's expenses shall be paid prior to
commencement of each day attendance is required. When the subpoena is issued on
behalf of the state or an officer or agency thereof, fees and mileage need not
be tendered. Prior to or at the same time as service of any subpoena commanding
production of documents and things or inspection of premises before trial,
notice shall be served on each party in the manner prescribed by Rule 1-005;
3.
A person may be
required to attend a deposition within one hundred (100) miles of where that person
resides, is employed or transacts business in person, or at such other place as
is fixed by an order of the court.
4.
A person may be
required to attend a hearing or trial at any place within the state.
5.
Proof of service
when necessary shall be made by filing with the clerk of the court a return
substantially in the form approved by the Supreme Court.
6.
A subpoena may be
issued for taking of a deposition within this state in an action pending
outside the state pursuant to Section 38-8-1 NMSA 1978 upon the filing of a
miscellaneous proceeding in the judicial district in which the subpoena is to
be served. Upon the docketing of the miscellaneous proceeding, the subpoena may
be issued and shall be served as provided by this rule.
7.
A subpoena may be
served in an action pending in this state on a person in another state or
country in the manner provided by law or rule of the other state or country.
1.
A party or an attorney
responsible for the issuance and service of a subpoena shall take reasonable
steps to avoid imposing undue burden or expense on a person subject to that
subpoena. The court on behalf of which the subpoena was issued shall enforce
this duty and impose upon the party or attorney in breach of this duty an
appropriate sanction, which may include, but is not limited to, lost earnings
and a reasonable attorney's fee.
2.
(a) A person
commanded to produce and permit inspection and copying of designated books,
papers, documents or tangible things, or inspection of premises need not appear
in person at the place of production or inspection unless commanded to appear
for deposition, hearing or trial.(b) Subject to Subparagraph (2) of Paragraph D
of this rule, a person commanded to produce and permit inspection and copying
may, within fourteen (14) days after service of the subpoena or before the time
specified for compliance if such time is less than fourteen (14) days after
service, serve upon all parties written objection to inspection or copying of
any or all of the designated materials or of the premises. If objection is
made, the party serving the subpoena shall not be entitled to inspect and copy
the materials or inspect the premises except pursuant to an order of the court
by which the subpoena was issued. If objection has been made, the party serving
the subpoena may, upon notice to the person commanded to produce, move at any
time for an order to compel the production. Such an order to compel production shall
protect any person who is not a party or an officer of a party from significant
expense resulting from the inspection and copying commanded.
3.
On timely motion,
the court by which a subpoena was issued shall quash or modify the subpoena if
it:
a.
fails to allow
reasonable time for compliance,
b.
requires a person
who is not a party or an officer of a party to travel to a place more than one
hundred (100) miles from the place where that person resides, is employed or
regularly transacts business in person, except that, subject to the provisions
of Subparagraph (3) (b) (iii) of this paragraph, such a person may in order to
attend trial be commanded to travel from any such place within the state in
which the trial is held, or
c.
requires
disclosure of privileged or other protected matter and no exception or waiver
applies, or
d.
subjects a person
to undue burden.
4.
If a subpoena:
a.
requires
disclosure of a trade secret or other confidential research, development or
commercial information,
b.
requires
disclosure of an unretained expert's opinion or information not describing
specific events or occurrences in dispute and resulting from the expert's study
made not at the request of any party, or
c.
requires a person
who is not a party or an officer of a party to incur substantial expense to
travel more than one hundred (100) miles to attend trial, the court may, to
protect a person subject to or affected by the subpoena, quash or modify the
subpoena or, if the party in whose behalf the subpoena is issued shows a
substantial need for the testimony or material that cannot be otherwise met
without undue hardship and assures that the person to whom the subpoena is
addressed will be reasonably compensated, the court may order appearance or
production only upon specified conditions.
1.
A person
responding to a subpoena to produce documents shall produce them as they are
kept in the usual course of business or shall organize and label them to
correspond with the categories in the demand.
2.
When information
subject to a subpoena is withheld on a claim that it is privileged or subject
to protection as trial preparation materials, the claim shall be made expressly
and shall be supported by a description of the nature of the documents,
communications, or things not produced that is sufficient to enable the
demanding party to contest the claim. CONTEMPT. Failure by any person without
adequate excuse to obey a subpoena served upon that person may be deemed a
contempt of the court from which the subpoena issued. An adequate cause for
failure to obey exists when a subpoena purports to require a non-party to
attend or produce at a place not within the limits provided in Subparagraph (3)
(a) (ii) of Paragraph C of this rule. [As amended, effective January 1, 1987; August
1, 1989; January 1, 1998.]
A civil action is
commenced by filing a complaint with the court. Upon the filing of the complaint,
the clerk shall endorse thereon the time, day, month and year that it is
filed.
A. Cover sheet. A domestic relations cover sheet substantially in the form
approved by the Supreme Court shall be filed with the petition initiating a
domestic relations case and with a motion to reopen a closed domestic relations
case.
B. Information sheet. A domestic relations information sheet
substantially in the form approved by the Supreme Court shall be submitted with
the petition initiating a domestic relations case, a motion to reopen a closed
domestic relations case and with a party's first responsive pleading in a
domestic relations case. A blank copy of the domestic relations information
sheet shall be served on the respondent with the summons and petition.
Information in the court automated information system which is obtained from
the domestic relations information sheet is confidential and shall not be
disclosed except that it may be disclosed to:
(1) the parties in the
proceeding, unless otherwise ordered by the court;
(2) state and federal
agencies required by law to collect the information disclosed; and
(3) court personnel for
enforcement, data collection and record keeping purposes.
C. Legal effect. Information appearing on the cover and information sheets will
have no legal effect in the action.
D. Failure to comply. The clerk will file a pleading even if it is
submitted without a cover sheet or information sheet or is filed with a cover
sheet or information sheet that is incomplete. If a party fails to file or complete
a cover sheet, or fails to submit or complete an information sheet, the clerk
will give written notice to the party of the deficiency. If a party fails to
cure the deficiency within thirty (30) days, the court may enter an order which
provides for dismissal of the party's claim without prejudice. The clerk shall
serve a copy of the court's order of dismissal on all parties.
A. Summons; issuance. Upon the filing of the complaint, the clerk
shall forthwith issue a summons and deliver it for service. Upon the request of
the plaintiff separate or additional summons shall issue against any
defendants. Any defendant may waive the issuance or service of summons.
B. Summons; execution; form. The summons shall be signed by the clerk,
issued under the seal of the court, be directed to the defendant, and must
contain:
(1) the name of the court in which the action
is brought, the name of the county in which the complaint is filed, the docket
number of the case, the name of the first party on each side, with an
appropriate indication of the other parties, and the name of each party to whom
the summons is directed;
(2) a direction that
the defendant serve a responsive pleading or motion within thirty (30) days
after service of the summons, and file the same, all as provided by law, and a
notice that unless the defendant so serves and files a responsive pleading or
motion, the plaintiff will apply to the court for the relief demanded in the
complaint;
(3) the name and address of the plaintiff's
attorney, if any, shall be shown on every summons, otherwise the plaintiff's
address;
(4) the summons may be in the following
form:
SUMMONS
(name of court)
(caption of case)
THE STATE OF NEW
MEXICO
TO:
________________________________________, defendant.
GREETINGS:
You are hereby
directed to serve a pleading or motion in response to the complaint within
thirty (30) days after service of this summons, and file the same, all as provided
by law.
You are notified that,
unless you so serve and file a responsive pleading or motion, the plaintiff
will apply to the court for the relief demanded in the complaint.
Attorney or attorneys
for plaintiff:
Address of attorneys for
plaintiff (or of plaintiff, if no attorney):
WITNESS, the Honorable
________________________________________, district judge of the
________________________ judicial district court of the State of New Mexico,
and the seal of the district court of ________________________ County, this
____________ day of ______________ A.D., ________.
____________________________________________________________, Clerk
By
________________________________________________________, Deputy
(The summons may also
include appropriate forms for return of service.)
C. Summons; service of copy. A copy of the summons with copy of complaint
attached shall be served together. The plaintiff shall furnish the person making
service with such copies as are necessary.
D. Summons; by whom
served. In civil actions any process
may be served by the sheriff of the county where the defendant may be found, or
by any other person who is over the age of eighteen (18) years and not a party
to the action, except for writs of attachment, writs of replevin, and writs of
habeas corpus, which shall be served by any person not a party to the action
over the age of eighteen (18) years who may be especially designated by the court
to perform such service, or by the sheriff of the county where the property or
person may be found.
E. Summons; service by
mail. A summons and complaint may be
served upon a defendant of any class referred to in Subparagraph (1) or (2) of
Paragraph F of this rule by mailing a copy of the summons and of the complaint
(by first-class mail, postage prepaid) to the person to be served, together
with two (2) copies of a notice and acknowledgement conforming with the form
set out below and a return envelope, postage prepaid, addressed to the sender.
If no acknowledgement of service under this subdivision of this rule is
received by the sender within twenty (20) days after the date of mailing,
service of such summons and complaint shall be made by a person authorized by
Paragraph D of this rule, in the manner prescribed by Subparagraph (1) or (2)
of Paragraph F of this rule. Unless good cause is shown for not doing so, the
court shall order the payment of the costs of personal service by the person served
if such person does not complete and return within twenty (20) days after
mailing the notice and acknowledgement of receipt of summons.
The form of the notice and acknowledgement of receipt of summons
and complaint shall be substantially as follows:
NOTICE AND RECEIPT OF SUMMONS AND COMPLAINT
(name of court)
