Rule 1-004.1 - Guardianship and conservatorship proceedings; processA.Scope; notice of hearing and rights; issuance.(1)Scope. The provisions of this rule govern the issuance and service of process in proceedings to appoint a guardian or conservator under Chapter 45, Articles 3 and 4 NMSA 1978. The provisions of this rule shall not apply to proceedings to appoint a temporary guardian or conservator under Sections 45-5-310 or 45-5-408 NMSA 1978.(2)Notice of hearing and rights; issuance. Within five (5) days of the filing of a petition to appoint a guardian or conservator, the court shall set a hearing on the petition and issue a notice of hearing and rights of the alleged incapacitated person. The hearing on the petition shall be set for no sooner than sixty (60) days after the filing of the petition. The notice shall be in lieu of a summons. The court shall deliver the notice to the petitioner for service upon the alleged incapacitated person and interested persons entitled to notice of the proceeding under Chapter 45, Articles 3 and 4 NMSA 1978.B.Form of notice. The notice issued under Subparagraph (A)(2) of this rule shall be substantially in the form approved by the Supreme Court as provided in Form 4-999 NMRA.C.Service of process on alleged incapacitated person. The notice shall be served together with the petition on the alleged incapacitated person as provided in this paragraph. The court shall not grant the petition if process is not served personally on the alleged incapacitated person as provided in Subparagraph 3 of this paragraph.(1)Timing of service. Process shall be served on the alleged incapacitated person within eleven (11) days of the issuance of the notice. (2)By whom served. Service may be made by the guardian ad litem or by any person who is over the age of eighteen (18) years and not a party or interested person to the proceeding.(3)How served; exclusive method of service. Process shall be served personally on the alleged incapacitated person by delivering a copy of the notice and petition to the alleged incapacitated person; or if the alleged incapacitated person refuses to accept service, by leaving the process at the location where the alleged incapacitated person has been found; and if the alleged incapacitated person refuses to receive such copies or permit them to be left, such action shall constitute valid service. No other method of service shall constitute effective service of process on an alleged incapacitated person.(4)Proof of service of process on the alleged incapacitated person. The petitioner or the petitioner's agent shall promptly file with the court proof of service on the alleged incapacitated person. Proof of service shall be made by affidavit or written statement affirmed under penalty of perjury under the laws of the State of New Mexico as provided in Rule 1-011 NMRA.D.Service on interested persons. The notice shall be served together with the petition on all interested persons named in the petition and entitled to notice under Chapter 45, Articles 3 and 4 NMSA 1978. (1)Timing. Service of the notice and petition shall be made on interested persons within eleven (11) days of service on the alleged incapacitated person.(2)How served on interested persons. Service and proof of service on interested persons shall be effective if made in accordance with Rule 1-005 NMRA.E.Service of process on minor. In a proceeding to appoint a conservator of a minor under Chapter 45, Article 4 NMSA 1978, service of process shall be made in accordance with Paragraph C of this rule, provided that such process shall be served personally on each person who has legal authority over the minor. If no person has legal authority over the minor, process may be served on a person designated by the court.N.M. R. Civ. P. Dist. Ct. 1-004.1
Adopted by Supreme Court Order No. 19-8300-001, effective for all cases filed on or after1/14/2019.