Detailed Answer
In New Mexico, service of process on minors (under age 18) or adults under a legal guardianship requires special procedures to protect their interests. The New Mexico Rules of Civil Procedure set out how to effectuate service:
- Service on Minors: Under NMRA Rule 1-004(D)(4), you must serve the minor’s parent, legal guardian, or guardian ad litem appointed by the court. If no guardian is appointed, you may petition the court to appoint a guardian ad litem before proceeding with service. (NMRA Rule 1-004(D)(4))
- Service on Adults Under Guardianship: When an adult has a court-appointed guardian, statute requires service on the guardian of the person, not directly on the ward. See NMSA 1978, § 45-5-201 et seq. (Guardianship Act) for definitions and duties of the guardian. (NMSA 1978, Chapter 45, Article 5)
- Non-Resident Guardians: If the guardian lives outside New Mexico, service may be made by certified mail with return receipt or by other means permitted under NMRA Rule 1-004(D)(4).
- No Known Guardian: If you cannot identify a guardian, you must file a motion with the court for appointment of a guardian ad litem before service. The court will appoint a neutral attorney or qualified adult to represent the minor’s or ward’s interests.
- Proof of Service: After delivering process, the server must file an affidavit of service naming the individual served (parent, guardian, or guardian ad litem) and describing the documents delivered.
Failure to follow these special service rules can result in the court later finding improper service and dismissing or delaying your case.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Always confirm the guardian’s full name and address through court records before serving.
- Use certified mail or a process server to document delivery and obtain proof.
- If you cannot locate a guardian, seek an expedited guardianship ad litem appointment.
- Keep copies of all filings and proof of service in your case file.
- When in doubt, ask the court clerk for guidance on service rules.