Last amended August 1, 2007 · Last verified June 26, 2026
In one sentenceRule 1-010 sets the form of pleadings: a caption with the parties, claims and defenses in numbered paragraphs, and adoption by reference of earlier statements and exhibits.
A.Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Paragraph A of Rule 1-007 NMRA. In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
B.Paragraphs; separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
C.Adoption by reference; exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
End
Rule History
[Approved, effective August 1, 1942; as amended, effective January 1, 1987; August 1, 1989; as amended by Supreme Court Order No. 07-8300-016, effective August 1, 2007.]
Plain-English Summary
This rule governs how a pleading is laid out. Every pleading carries a caption with the court’s name, the title of the action, the file number, and the designation Rule 1-007 calls for. The complaint’s title names all the parties; later pleadings need name only the first party on each side with an indication of the others.
Claims and defenses are set out in numbered paragraphs, each limited as far as practicable to a single set of circumstances, so a paragraph can be referred to by number later. Separate transactions and separate defenses get their own counts when that makes the pleading clearer. A party may adopt earlier statements by reference elsewhere in the same pleading, in another pleading, or in a motion, and a written instrument attached as an exhibit is part of the pleading for all purposes.
Frequently Asked Questions
How are claims and defenses organized in a pleading?
In numbered paragraphs, each limited as far as practicable to a single set of circumstances, so each can be referred to by number in later pleadings.
Is an exhibit part of the pleading?
Yes. A copy of a written instrument attached as an exhibit to a pleading is part of the pleading for all purposes.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-010 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:form of pleadingsnumbered paragraphsadoption by referenceexhibits to pleadings