In all suits, under this chapter N.M. Stat. Ann. § 44-5-1 to 44-5-14, before a justice of the peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any interrogatory touching the case, and if the defendant refuse to answer, the same shall be taken as confessed.

Terms Used In New Mexico Statutes 44-5-8

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Oath: A promise to tell the truth.
  • Plaintiff: The person who files the complaint in a civil lawsuit.