New Mexico § 42-2-7 - Service; personal or by publication
Full text of New Mexico New Mexico Statutes Annotated § 42-2-7 — Service; personal or by publication, with citation guidance and answers to common questions.
§ 42-2-7. Service; personal or by publication
A. Personal service, either within or without the state, of the petition, notice of
condemnation and the notice of the preliminary order of entry, if any, shall be made
and had in the manner as provided in the Rules of Civil Procedure, Rule 4(e), Subsections
1 to 6 inclusive, or as they may be amended. B. If the name or residence of any owner be unknown, or if the owners or any of them
do not reside within the state, or cannot be found therein, and are not served as
hereinbefore provided, the required service and notice shall be given by publication
of notice thereof for two consecutive weeks, the last publication to be at least three
days prior to any default date, in a newspaper published in the county in which the
proceedings are pending, if one is published in that county; if no newspaper is published
in such county, then a newspaper published in another county, having a general circulation
in the county wherein such proceedings are pending. When the address of any defendant who resides out of state is known to the petitioner,
the publication shall be made as aforesaid and in addition, a copy of the petition
and required notice thereof and the notice of the preliminary order entered, if any,
shall be mailed to said defendant at such address, at least ten days prior to any
default date on the preliminary order. C. Personal service outside the state of any pleading or notice shall be equivalent
to publication and mailing, and such personal service of the notice of entry of a
preliminary order shall commence the running of the ten-day period within which objections
may be made to the granting of a permanent order. Return of such service shall be by affidavit of the person making the same.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 42-2-7
What does New Mexico Statutes Annotated § 42-2-7 cover?
Section 42-2-7 ("Service; personal or by publication") 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 § 42-2-7?
A common citation format is "New Mexico Statutes Annotated § 42-2-7" (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 § 42-2-7 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.