When a plaintiff (person or entity) files a lawsuit, the person or entity being sued is generally known as the defendant. The defendant is served with (usually handed in person) a copy of the lawsuit, accompanied by information stating the time within which the defendant must file an answer to the lawsuit—usually 20 to 30 days after receipt of the lawsuit.
In New Mexico, when a plaintiff initiates a lawsuit, the party being sued is referred to as the defendant. The defendant must be served with a copy of the complaint and a summons, which is the official notice of the lawsuit. Service of process is typically done in person, ensuring that the defendant is aware of the legal action. Once served, the defendant has a specific time frame to respond to the complaint, which is generally 30 days according to Rule 1-012 NMRA (New Mexico Rules of Civil Procedure). If the defendant fails to respond within this period, the plaintiff may seek a default judgment from the court.