New Mexico § 38-1-17 - Service of process
Full text of New Mexico New Mexico Statutes Annotated § 38-1-17 — Service of process, with citation guidance and answers to common questions.
§ 38-1-17. Service of process
A. In any action in which the state of New Mexico is named as a party defendant, service
of process shall be made by serving a copy of the summons and complaint on the governor
and on the attorney general. B. In any action in which a branch, agency, bureau, department, commission or institution
of the state not specifically authorized by law to be sued is named as a party defendant,
service of process shall be made by serving a copy of the summons and complaint on
the attorney general and on the head of the branch, agency, bureau, department, commission
or institution. C. In any action in which a branch, agency, bureau, department, commission or institution
of the state specifically authorized by law to be sued is named a party defendant,
service of process shall be made on the head of the branch, agency, bureau, department,
commission or institution and on the attorney general. D. In any action in which an officer, official or employee of the state or one of
its branches, agencies, bureaus, departments, commissions or institutions is named
a party defendant, service of process shall be made on the officer, official or employee
and on the attorney general. E. For the purpose of this section: (1) the governor shall be considered as the head of the state and the head of the
executive branch of the state; (2) the speaker of the house of representatives or the president pro tempore of the
senate shall be considered as the head of the legislative branch of the state; and (3) the chief justice of the supreme court shall be considered as the head of the
judicial branch of the state. F. Nothing contained in this section shall be construed as waiving any immunity or
as authorizing any action against the state not otherwise specifically authorized
by law. G. 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 by registered or certified
mail to the defendant employee. H. Service of process on the governor, attorney general, agency, bureau, department,
commission or institution or head thereof shall be made either by handing a copy of
the summons and complaint to the head or to his receptionist. Where an executive secretary is employed, he shall be considered as the head.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 38-1-17
What does New Mexico Statutes Annotated § 38-1-17 cover?
Section 38-1-17 ("Service of process") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 38-1-17?
A common citation format is "New Mexico Statutes Annotated § 38-1-17" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 38-1-17 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.