Rule 1-003.Commencement of action

Last verified June 26, 2026

In one sentenceRule 1-003 says a New Mexico civil action begins when the complaint is filed with the court, and the clerk endorses the date and time of filing.

Full Text of Rule 1-003

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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.

End

Plain-English Summary

Rule 1-003 fixes the moment a lawsuit starts: a civil action is commenced by filing a complaint with the court. On filing, the clerk endorses on the complaint the time, day, month, and year it was filed.

Filing—not service—is what commences the action, which matters most for the statute of limitations: getting the complaint on file stops the clock even though the defendant is served afterward under Rule 1-004. The clerk's time-and-date endorsement provides the official record of when that happened.

Frequently Asked Questions

How is a lawsuit started in New Mexico district court?

By filing a complaint with the court. The clerk then endorses the complaint with the exact time and date of filing.

Does filing or service of process commence the action?

Filing the complaint commences the action and stops the statute of limitations; service of process on the defendant follows under Rule 1-004.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-003 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: commencement of actioncommencing a lawsuitfiling a complainthow to start a lawsuit