Chapter 39 — Chapter 39

control over final judgment.] Any judgment, or decree, except in cases where trial by jury is necessary, may be rendered by the judge of the district court at any place where he may be in this state, and the district courts, except for jury trials, are declared to be at all times…

Such confession can be only for money due, or to become due, or to secure a person against contingent liabilities on behalf of the defendant and must be for a specified sum. History: Laws 1889, ch. 20, § 2; C.L. 1897, § 3078; Code 1915, § 3072; C.S. 1929, § 76-103; 1941 Comp., § …

A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk: A. if for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum con…

execution. The clerk shall record the confession of judgment in his court record for such county and shall issue the transcript of judgment or execution as in other cases or as may be stipulated between the parties pursuant to Section 39-1-13 NMSA 1978. History: Laws 1889, ch. 20…

Any defendant so confessing judgment, may attach such condition or conditions thereto as to stay of execution, not to exceed one year, as the beneficiary may agree to by signing the same. History: Laws 1889, ch. 20, § 5; C.L. 1897, § 3081; Code 1915, § 3075; C.S. 1929, § 76-106; …

counties; liens.] Such judgment, when so filed, recorded and docketed, shall have all the binding force and effect that judgments obtained in the regular manner have by law in said courts, as to being liens upon real estate of such defendant, and otherwise. And the beneficiary, u…

No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in Section 39-1-11 NMSA 1978, an affidavit setting forth that the same is made in good faith to secur…

cause of action accrues prohibited.] That it shall be unlawful to execute or procure to be executed as part of or in connection with the execution of any negotiable instrument, or other written contract to pay money, and before a cause of action thereon shall have accrued, any co…

judgment prohibited.] No execution, or other process, shall be issued out of any court in this state to aid or enforce the collection of any judgment which may be rendered upon any judgment taken in any other state, or foreign country, and which judgment was founded or based upon…

prohibited; penalty for violation.] That any negotiable instrument, or other written contract to pay money, which contains any provision or stipulation giving to any person any power of attorney, or authority as attorney, for the maker, or any indorser [endorser], or assignor, or…

ANNOTATIONS Repeals. — Laws 1983, ch. 259, § 2, repeals 39-1-19 NMSA 1978, relating to revival of judgment, effective March 19, 1983.

attorneys.] Upon any hearing before the judge of a court, wherein the judgment of the court upon such hearing shall not be rendered at the time of such hearing, but shall be taken under advisement by the judge, no judgment or order relative to the matters pertaining to such heari…

An execution may issue at any time, on behalf of anyone interested in a judgment, within seven years after the rendition or revival of the judgment. History: Laws 1887, ch. 61, § 2; C.L. 1897, § 3086; Code 1915, § 3086; C.S. 1929, § 76-118; 1941 Comp., § 19-920; 1953 Comp., § 21-…

If either party to any suit shall die between verdict and judgment, the judgment shall be entered as if both parties were living. History: Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 14; C.L. 1884, § 2135-A; C.L. 1897, § 3074; Code 1915, § 3083; C.S. 1929, § 76-115; 1941 Comp., …

Judgment shall be entered and execution may be issued thereon unless a motion for a new trial is made within the time provided by law, and granted or continued during the term at which the case is tried. History: Laws 1897, ch. 73, § 135; C.L. 1897, § 2685(135); Code 1915, § 4228…

It shall be the duty of the judge of any court to cause judgment, sentence or decree of the court to be carried into effect, according to law. History: Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 16; C.L. 1884, § 1832; C.L. 1897, § 2878; Code 1915, § 1360; C.S. 1929, § 34-107; 1…

real estate; supersedeas. Any money judgment rendered in the supreme court, court of appeals, district court or metropolitan court shall be docketed by the clerk of the court and a transcript or abstract of judgment may be issued by the clerk upon request of the parties. The judg…

When any judgment giving rise to a subsisting lien pursuant to Section 39-1-6 NMSA 1978 upon any real estate in the state has been fully satisfied, it is the duty of the judgment creditor to file a release of the lien in the office of the county clerk of the county in which the r…

A. All judgments and decrees for payment of money rendered in the courts of this state and which have become final may be satisfied, if the judgment creditor cannot be found after a diligent search, by payment of the full amount of such judgment or decree, with interest thereon t…

Transcripts of judgments shall be recorded in the county clerk's records. Any recording method used by a county clerk prior to July 1, 1983 in which transcripts of judgments were officially and properly recorded in the county clerk's records are validated and confirmed. History: …

A. The transcript of judgment issued by the clerks of the supreme court, court of appeals, district courts and metropolitan courts shall show: (1) the names of the parties; (2) the number and nature of the case; (3) the court in which judgment was rendered; (4) the date of judgme…

Judgment by confession, without action, may be entered by the clerk of the district courts in this state in term time or in vacation, in the manner hereinafter prescribed. History: Laws 1889, ch. 20, § 1; C.L. 1897, § 3077; Code 1915, § 3071; C.S. 1929, § 76-102; 1941 Comp., § 19…

This act [39-1A-1 to 39-1A-7 NMSA 1978] may be cited as the "Structured Settlement Protection Act". History: Laws 2005, ch. 135, § 1.

As used in the Structured Settlement Protection Act: A. "annuity issuer" means an insurer that has issued a contract to fund periodic payments under a structured settlement; B. "court" means: (1) the court of original jurisdiction that authorized or approved a structured settleme…

At least three days before the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type at least fourteen points in size, that states: A. the amounts and due dates of the structured settlement paym…

rights. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless t…

Following a transfer of structured settlement payment rights pursuant to the Structured Settlement Protection Act: A. the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for…

A. An application under the Structured Settlement Protection Act for approval of a transfer of structured settlement payment rights shall be made by the transferee and shall be brought in court. B. At least twenty days before the date of the scheduled hearing on any application f…

A. The provisions of the Structured Settlement Protection Act shall not be waived by any payee. B. Any transfer agreement entered into by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached th…

based on any type of first party coverage against insurer. In any action where an insured prevails against an insurer who has not paid a claim on any type of first party coverage, the insured person may be awarded reasonable attorney's fees and costs of the action upon a finding …

required.] It shall not be legal in any civil suit for the clerk of any district court to tax in favor of the prevailing party the costs of more than four witnesses, unless the court shall certify upon the record that the attendance of more than four witnesses was necessary in th…

When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said…

In every cause in which either party shall become liable to pay costs, the clerk may make out a transcript from the cost book as above directed, and the same shall have in all respects the force and effect of an execution, and shall be served, collected and returned in the same m…

rendered; retaxing costs; civil penalty.] Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is…

abatement on failure; reinstatement.] In all cases the plaintiff, on motion of any person interested in the suit or costs, may be ruled to give security for costs, and in case he shall fail so to do on or before the first day of the next term after such rule, the case shall abate…

In any civil action involving liability for a deficiency pursuant to Section 55-9-504 or 58-19-7 NMSA 1978, the debtor, if prevailing, may in the discretion of the court be allowed a reasonable attorney fee set by the court and taxed and collected as costs. History: Laws 1981, ch…

In any civil action in the district court, small claims court or magistrate court to recover on an open account, the prevailing party may be allowed a reasonable attorney fee set by the court, and taxed and collected as costs. History: 1953 Comp., § 18-1-37, enacted by Laws 1965,…

When any plaintiff shall bring in the same court several suits against the same defendant that may be joined, and whenever any plaintiffs shall bring in the same court several suits against several defendants that may be joined, the plaintiff shall recover only the costs of one a…

jurisdiction of court.] In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him unless the plaintiff's…

judgment appealed from was against appellant.] When an appeal shall be taken from the judgment of a probate court or justice of the peace [magistrate] against the appellant, the costs shall be adjudged as follows: A. if the judgment be affirmed, or the appellee on a trial anew sh…

If such appeal be from a judgment in favor of the appellant, costs shall be adjudged as follows: if upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court; if he recover nothing, the costs shall be adjudged…

The costs and expenses of taking the depositions shall be audited and allowed by the officer taking the same, and such costs and expenses, together with the fees of recording and copying the same, shall be taxed in favor of the party or parties paying the same, and collected as o…

compensation of officers.] The fees of the county clerk for recording said depositions and certifying the same, shall be the same as are now allowed by law for recording and certifying deeds; and the fees of witnesses shall be the same as are now paid to witnesses in the district…

In no case in any of the courts of this state, shall any fees for witnesses be taxed to exceed four witnesses, on each side, unless under the direction of the court, and in the court's discretion the same may be necessary. History: Laws 1887, ch. 40, § 3; C.L. 1897, § 1812; Code …

All appeals from inferior tribunals to the district courts shall be tried anew in said courts on their merits, as if no trial had been had below, except as otherwise provided by law. History: Laws 1917, ch. 43, § 59; C.S. 1929, § 105-2533; 1941 Comp., § 19-1001; 1953 Comp., § 21-…

application; scope of review; review of district court decisions. A. The provisions of this section shall apply only to judicial review of agency final decisions that are placed under the authority of this section by specific statutory reference. B. Upon issuing a final decision,…

This act [39-3-9, 39-3-10 NMSA 1978] shall not be construed to repeal any existing statutes or rule of the supreme court regulating appellate procedure, except insofar as they may conflict with this act, but shall be construed as supplemental thereto. History: Laws 1933, ch. 6, §…

Amounts to be taxed as costs on appeals and writs of error shall be fixed by rule of procedure. History: Laws 1917, ch. 43, § 16; 1927, ch. 93, § 4; C.S. 1929, § 105-2512; 1941 Comp., § 19-1008; 1953 Comp., § 21-10-8; Laws 1966, ch. 28, § 41.

In any appeal, the court may grant free process, including the cost of any necessary transcripts of record, to any appellant upon a proper showing of indigency, unless the trial court certifies in writing that the appeal is not taken in good faith. Necessary costs, including cost…

The official court reporter shall make an original and as many copies of transcripts of his notes as demanded, and he shall certify and file them with the clerk of the district court. These transcripts, or any portion thereof, may be used for the purpose of making up the record t…