New Mexico § 66-5-104 - Procedure in action against nonresident owner or operator

§ 66-5-104. Procedure in action against nonresident owner or operator

The manner of procuring and serving process in any cause, brought pursuant to the

preceding section, shall be as follows, to wit: The plaintiff shall file a verified complaint in one of the district courts of the

state, showing a cause of action against the defendant, or his executor, administrator

or personal representative, of the class contemplated in Section one ( 66-5-103 NMSA 1978 ) hereof; and shall further show in said complaint, or by affidavit, to the satisfaction

of the judge of said court, that the defendant, or his executor, administrator or

personal representative, is one of the persons contemplated in Section one ( 66-5-103 NMSA 1978 ), and the residence of said defendant, or his executor, administrator or personal

representative, and a description of the car, or motor vehicle, claimed to have been

operated by the said defendant, or his agent, as near as the same can reasonably be

ascertained by the plaintiff; and the time, place and nature of such accident, or

injury. Upon such showing being made, the judge shall make an order, directing that service

of process be made on the defendant, or his executor, administrator or personal representative,

as provided in Section one ( 66-5-103 NMSA 1978 ) hereof; and, also, that a copy of the process, and complaint, and of said order,

and a notice that the same has been served upon the secretary of state, pursuant to

this act, be delivered to the defendant personally, or his executor, administrator

or personal representative, without the state. Proof of such service shall be made by affidavit filed in said cause, and service

shall be deemed complete thirty (30) days from the date such personal service is made

on the defendant, or his executor, administrator or personal representative. The court in which the action is pending shall, upon affidavit submitted upon behalf

of the defendant, or his executor, administrator or personal representative, grant

such additional time to answer, or continuances, as shall be reasonably necessary

to allow defendant, or his executor, administrator or personal representative, full

opportunity to plead and prepare for the trial of the said cause.