Representing Yourself in Court

Overview

This page will guide you through an overview of how to represent yourself in court and what to know. Because the law is constantly changing, the court does not guarantee that this information meets your specific needs.

If you represent yourself in a court case, you are acting as your own lawyer. That means you are expected to know and follow the law and court rules. The potential risks associated with representing yourself are not always obvious. That is why the court encourages anyone considering representing themselves to talk to a lawyer first.

If you are a tribal member, please be aware that this guide does not address tribal law. Your rights and responsibilities in state court may be different from your rights and responsibilities in tribal court.

Additional Information

Who can I ask for help if I cannot afford an attorney?

Court employees are not lawyers and cannot tell you what you should do or how the law applies to your situation. Some courts have a resource center where court employees can help you with court procedures. They cannot give you legal advice. Check with your local district court to see what services are available to you.

While some courts offer packets of forms for certain kinds of court cases, there are not forms for every issue. Look for forms on the New Mexico Supreme Court website at nmcourts.gov or check with your local district court to see what forms they offer. Sometimes you will need a lawyer to create legal documents for you.

To read about free and low-cost legal help, please go to the Resource List section of this guide.

What rules and laws do I need to follow?

As a person representing yourself, you should be familiar with the laws (called “statutes”), rules, local rules, and forms that apply to your court case. New Mexico laws, rules, and forms are referred to using a very specific format. The following resources can be found at https://nmonesource.com

How do I start a court case?

The form that starts a court case is called a “complaint.” Depending on the type of case, this first pleading can also be called a “petition” or an “application.”

A court case begins when a complaint is filed with the court. Filing a complaint requires a filing fee. Filing fees vary; check with the clerk’s office at your local court for more information about filing fees. If your income is below a certain level, you may be entitled to a waiver of the filing fee. Ask the clerk’s office at your local court for more information..

Once a court case is started, the plaintiff must “serve” each defendant with a copy of all the court papers they filed.

What is service of process, and how do I do it?

Each defendant must be notified that a lawsuit has been filed against them through a process specified by law. Whether you are trying to serve a person, a business, or a governmental agency, the process can be complicated. Please read carefully for the steps to follow when serving a complaint.

Even if you can’t find the defendant, you still have to serve them. You may have to ask the court for permission to publish a notice in the newspaper by using New Mexico Supreme Court-approved Forms 4-209 and 4-209A NMRA.

One thing is very important – you do not serve the defendant; your job is to arrange for someone else to serve the complaint for you.

How do I respond to a complaint filed against me?

It is important to file an “Answer” to the Complaint within 30 days from the date you are served. Otherwise, the plaintiff can ask the court for a judgment against you without you knowing anything is happening.

An “Answer” is a pleading. New Mexico Supreme Court-approved Answer forms are available for divorce and civil cases. Some courts offer a packet with the form used to answer a complaint; check with your local district court for more information.

There is no fee to file an Answer.

Frequently Asked Questions (FAQ)

Can I talk to a judge?

How can I know the status of my case?

The clerk’s office maintains a computerized list of documents for each court case. Every time something happens in your court case, whether you file a pleading, have a court hearing, or the court enters an order, it is added to your case. You can look up the register of actions at any time at www.nmcourts.gov under Case Lookup.

How do I file a motion?

Asking the judge to take a specific action in your case requires filing a document called a “motion.” A motion is the form you use to tell the judge your problem and to explain what action you want the judge to take. Some courts offer a packet of forms for filing a motion. Additionally, you must send a copy of any motion you file to all other parties (or their lawyer, if they have one). Read the local rules for your district carefully to determine how and when to send the motion to the judge.

How do I reschedule a hearing?

Asking a judge to reschedule a hearing is called asking for a “continuance.” It means continuing the hearing to another date and time. To ask a judge for a continuance, you must file a motion. Some courts offer a packet of forms for filing a motion; some even have a packet specifically designed for requesting a continuance. Check with your local district court for more information.

What is an order or a judgment?

A “Court Order” or “Judgment” is the judge’s instructions telling someone what they can and cannot do. Usually, at the end of a hearing, the judge will say who will create the court order or judgment. If you are instructed to create the court order or judgment, you may need to hire a lawyer to create one for you. Some courts offer a packet of forms needed to ask a judge to enforce a court order. Check with your local court for more information.

I have a disability. How can I get assistance in court?

I need an interpreter. How can I get one?

The court will provide an interpreter in any language for free at court hearings or trials. You are responsible for notifying the court that you need an interpreter, so make sure you reserve an interpreter in advance of any hearing or trial. Please use Form 4-115 NMRA to reserve an interpreter.