Chapter 38 — Chapter 38

A. The supreme court of New Mexico shall, by rules promulgated by it from time to time, regulate pleading, practice and procedure in judicial proceedings in all courts of New Mexico for the purpose of simplifying and promoting the speedy determination of litigation upon its merit…

In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencem…

This act [38-1-7 to 38-1-11 NMSA 1978] may be cited as the Unauthorized Insurers Process Act. History: 1941 Comp., § 19-315, enacted by Laws 1951, ch. 172, § 6; 1953 Comp., § 21-3-11.

Whenever there is a guardian of the estate or a guardian of the person of an incapacitated person, duly appointed by a court of competent jurisdiction of this state, every process against the incapacitated person shall be served upon either of the guardians in the manner as may b…

summons or appearance.] Whenever any proceeding is to be had prior to service of summons or appearance, at least five days' notice thereof shall be given, unless otherwise ordered by the court, and it shall be served on the party himself, and proof thereof made in the manner prov…

In all actions in the district court of this state or in the United States district court for the district of New Mexico affecting the title to real estate in this state, the plaintiff, at the time of filing his petition or complaint, or at any time thereafter before judgment or …

served; cancellation of lis pendens notice.] For the purpose of the preceding section [38-1-14 NMSA 1978], it is considered that an action is pending from the time of filing such notice; provided, that such notice shall be of no value, unless it is followed by the service of such…

A. Any person, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts enumerated in this subsection thereby submits himself or his personal representative to the jurisdiction of the courts of this state as to any cause of action…

A. In any action in which the state of New Mexico is named as a party defendant, service of process shall be made by serving a copy of the summons and complaint on the governor and on the attorney general. B. In any action in which a branch, agency, bureau, department, commission…

Any foreign corporation, foreign bank or foreign real estate trust without being admitted to do business in this state, may loan money in this state only on real estate mortgages, deeds of trust and notes in connection therewith, and take, acquire, hold and enforce the notes, mor…

All statutes relating to pleading, practice and procedure, now existing, shall, from and after the passage of this act [38-1-1, 38-1-2 NMSA 1978], have force and effect only as rules of court and shall remain in effect unless and until modified or suspended by rules promulgated p…

In all the courts in this state the common law as recognized in the United States of America, shall be the rule of practice and decision. History: Laws 1875-1876, ch. 2, § 2; C.L. 1884, § 1823; C.L. 1897, § 2871; Code 1915, § 1354; C.S. 1929, § 34-101; 1941 Comp., § 19-303; 1953 …

Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail. History: Laws 1897, ch. 73, § 178; C.L. 1897, § 2685 (178); Code 1915, § 4259; C.…

A. In case any domestic corporation or any foreign corporation authorized to transact business in this state fails to file a report within the time required, or, in case the agent of any corporation, designated by the corporation as the agent upon whom process against the corpora…

removal of registered agent. A. In case the agent of any limited liability company or foreign limited liability company registered to transact business in this state, designated by such company as the agent upon whom process against the company may be served, dies, resigns or lea…

A. In all personal actions brought in any court of this state against any foreign corporation, process may be served upon any officer, director or statutory agent of the corporation, either personally or by leaving a copy of the process at his residence or by leaving a copy at th…

A. In all personal actions brought in any court of this state against any foreign limited liability company, process may be served upon any manager or statutory agent of the company, either personally or by leaving a copy of the process at his residence, or by leaving a copy at t…

The purpose of this act [38-1-7 to 38-1-11 NMSA 1978] is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many res…

A. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer: (1) the issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein; (2) the solicitation of …

A. Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall [(1)] deposit with the clerk of the court in which such action, suit or proceeding is pending …

When the plaintiff shall be ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name or description, and when his true name is discovered, the pleading or proceeding may be amended accordingly. The plaintiff in such case mu…

slander.] In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove …

lawsuits; procedures; sanctions; severability. A. Any action seeking money damages against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting in a quasi- judicial proceeding before a tribunal or decision-making body of any poli…

The legislature declares that it is the public policy of New Mexico to protect the rights of its citizens to participate in quasi-judicial proceedings before local and state governmental tribunals. Baseless civil lawsuits seeking or claiming millions of dollars have been filed ag…

commenced. All civil actions commenced in the district courts shall be brought and shall be commenced in counties as follows and not otherwise: A. First, except as provided in Subsection F of this section relating to foreign corporations, all transitory actions shall be brought i…

All district courts have jurisdiction to review the action of any executive branch, agency or department in those cases in which a statute provides for judicial review. History: Laws 1988, ch. 8, § 2.

The affidavit of disqualification shall be filed within ten days after the cause is at issue or within ten days after the time for filing a demand for jury trial has expired, or within ten days after the judge sought to be disqualified is assigned to the case, whichever is the la…

Whenever a change of venue is granted, all costs in civil and criminal cases shall be paid from the court fund of the county in which the case originated. History: 1953 Comp., § 21-5-10, enacted by Laws 1965, ch. 187, § 3. ARTICLE 4 Parties

commissioners.] All civil actions not otherwise required by law to be brought in the district court of Santa Fe county, wherein any municipality or board of county commissioners is a party defendant, shall be instituted only in the district court of the county in which such munic…

The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception: A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or B. when the party moving for a change file…

In addition to the provisions for change of venue in Section 38-3-3 NMSA 1978, a change of venue from one county to another within the same judicial district may be ordered by a district judge in any civil or criminal proceeding in a district court if both parties stipulate in wr…

Upon the filing of a motion for change of venue, the court may require evidence in support thereof, and upon hearing thereon shall make findings and either grant or overrule said motion. History: Laws 1929, ch. 60, § 2; C.S. 1929, § 147-106; 1941 Comp., § 19-504; 1953 Comp., § 21…

A second change of venue shall not be allowed in any civil or criminal case, as a matter of right, but shall be within the discretion of the court. History: Laws 1880, ch. 6, § 10; C.L. 1884, § 1834; C.L. 1897, § 2880; Code 1915, § 5572; C.S. 1929, § 147-107; 1941 Comp., § 19-505…

In all cases where a change of venue is granted, the case shall be removed to another county within the same judicial district unless the remaining counties are subject to exception, or unless the change of venue is ordered upon any of the grounds relating to the judge. Under the…

ANNOTATIONS Repeals. — Laws 2003, ch. 52, § 2 repealed 38-3-8 NMSA 1978, as enacted by Laws 1889, ch. 77, § 4, relating to change after first term, effective March 19, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.

A party to an action or proceeding, civil or criminal, including proceedings for indirect criminal contempt arising out of oral or written publications, except actions or proceedings for constructive and other indirect contempt or direct contempt shall have the right to exercise …

ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-1 NMSA 1978, as enacted by Laws 1907, ch. 76, § 1, relating to representation of numerous parties with a common or general interest by one or more of such parties, effective March 21, 1981.

Appointment of a guardian ad litem may be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request of the infant defendant, if the age of fourteen years or more, or, if said infant is under the age of fourteen, on the written r…

If an infant defendant, or a relative or friend of an infant under the age of fourteen, neglects for twenty days to procure the appointment of a guardian ad litem to defend the suit, the court shall appoint some competent person to be the guardian ad litem for such infant in the …

No person appointed guardian ad litem for an infant for the purpose of defending a suit against such infant shall be liable for the costs of such suit, unless especially charged by the court for some personal misconduct in such cause. History: Laws 1897, ch. 73, § 16; C.L. 1897, …

38-4-12 NMSA 1978. As used in Sections 38-4-7 through 38-4-12 NMSA 1978, "infant" means a person who has not reached the age of majority. History: 1953 Comp., § 21-6-12.1, enacted by Laws 1973, ch. 64, § 1.

As used in the Probate Code [Chapter 45 NMSA 1978] the term "incapacitated person" means any person who demonstrates over time either partial or complete functional impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, ch…

Appointment of a guardian ad litem shall be made by the court in which the suit is pending, or by the judge thereof in vacation, upon the written request and petition of a relative or friend of the incapacitated person. However, in the event no relative or friend of the incapacit…

The guardian ad litem so appearing in any action or proceeding for and on behalf of an incapacitated person shall have power to compromise the same and to agree to the judgment to be entered in the action or proceeding for or against the protected person, subject to the approval …

No person appointed guardian ad litem for an incapacitated person, for the purpose of bringing a suit for or defending a suit against such incapacitated person, shall be liable for the costs of such suit, unless especially charged by the court for some personal misconduct in such…

partner, officer or director in proceedings in magistrate and metropolitan court. In any proceeding in the magistrate and metropolitan courts of this state, a partnership or a corporation that is a party may be represented by a partner, officer or director of the partnership or c…

parties defendant.] Where two or more persons are bound by contract or by judgment, decree or statute, whether jointly only, or jointly or severally, or severally only, and including the parties to negotiable paper, common orders and checks, and sureties on the same, or separate …

assumption of debt; partners; parties defendant.] All contracts, which by the common law are joint only, shall be held and construed to be joint and several; and in all cases of joint obligations or assumptions by partners and others, suit may be brought and prosecuted against an…

ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-4 NMSA 1978, as enacted by Laws 1897, ch. 73, § 105, relating to actions against two or more defendants jointly or severally liable on a contract, effective March 21, 1981.

service of process.] Suits may be brought by or against a partnership as such, or against all or either of the individual members thereof; and a judgment against the firm as such may be enforced against the partnership's property, or that of such members as have appeared or been …