reglab/housing_qa huggingface dataset:
NM Stat § 39-1A-3 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 1A - Structured Settlement Protection Act|Section 39-1A-3 - Required disclosures to payee.

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 payments to be transferred; B. the aggregate amount of the payments; C. the discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities", and the amount of the applicable federal rate used in calculating the discounted present value; D. the gross advance amount; E. an itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of those expenses; F. the net advance amount; G. the amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and H. a statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the close of the third business day after the date the agreement is signed by the payee. History: Laws 2005, ch. 135, § 3. ANNOTATIONSEffective dates. — Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
NM Stat § 39-1A-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 1A - Structured Settlement Protection Act|Section 39-1A-4 - Approval of transfers of structured settlement payment 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 the transfer has been approved in advance in a final court order based on express findings by the court that: A. the transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents; B. the payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing; and C. the transfer does not contravene any applicable statute or an order of any court or other governmental authority. History: Laws 2005, ch. 135, § 4. ANNOTATIONSEffective dates. — Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
NM Stat § 39-1A-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 1A - Structured Settlement Protection Act|Section 39-1A-5 - Effects of transfer of structured settlement payment rights.

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 the transferred payments; B. the transferee shall be liable to the structured settlement obligor and the annuity issuer: (1) for any taxes incurred by the parties as a consequence of the transfer if the transfer contravenes the terms of the structured settlement; and (2) for any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act; C. the transferee shall be liable to the payee: (1) if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the payee as a consequence of the transfer; and (2) for any other liabilities or costs, including reasonable costs and attorney fees, arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act; D. neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and E. any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of the Structured Settlement Protection Act. History: Laws 2005, ch. 135, § 5. ANNOTATIONSEffective dates. — Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
NM Stat § 39-1A-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 1A - Structured Settlement Protection Act|Section 39-1A-6 - Procedure for approval of transfers.

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 for approval of a transfer of structured settlement payment rights under Section 4 [39-1A-4 NMSA 1978] of the Structured Settlement Protection Act, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization, including with the notice: (1) a copy of the transferee's application; (2) a copy of the transfer agreement; (3) a copy of the disclosure statement required under Section 3 [39-1A-3 NMSA 1978] of the Structured Settlement Protection Act; (4) a listing of each of the payee's dependents, together with each dependent's age; (5) notice that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; and (6) notice of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed to be considered by the court. C. Written responses to the application under Paragraph (6) of Subsection B of this section shall be filed on or before the fifteenth day after the date the transferee's notice is served. History: Laws 2005, ch. 135, § 6. ANNOTATIONSEffective dates. — Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
NM Stat § 39-1A-7 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 1A - Structured Settlement Protection Act|Section 39-1A-7 - General provisions; construction.

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 the agreement, shall be determined in and under the laws of this state. The transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee. C. Transfer of structured settlement payment rights shall not extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for: (1) periodically confirming the payee's survival; and (2) giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee's death. D. A payee who proposes to make a transfer of structured settlement payment rights shall not incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of the Structured Settlement Protection Act. E. Nothing contained in the Structured Settlement Protection Act may be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into before July 1, 2005 is valid or invalid. F. Compliance with the requirements in Section 3 [39-1A-3 NMSA 1978] of the Structured Settlement Protection Act and fulfillment of the conditions in Section 4 [39-1A-4 NMSA 1978] of that act are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. History: Laws 2005, ch. 135, § 7. ANNOTATIONSEffective dates. — Laws 2005, ch. 135, § 8 makes the act effective July 1, 2005.
NM Stat § 39-2-2 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-2 - Deficiencies; attorney fees.

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. 10, § 3. ANNOTATIONSAward of attorney fees allowed in actions arising from defaults on automobile purchase contracts. — In an action to recover a deficiency in a motor vehicle installment contract following the repossession and sale of the vehicle subject to the installment contract, where plaintiff filed the lawsuit more than four years after the defendant breached the installment contract, but where plaintiff argued that its complaint was timely because, pursuant to § 37-1-16 NMSA 1978, defendant's partial payments made after the initial breach tolled the four-year statute of limitations set forth in § 55-2-725 NMSA 1978, and where the district court held that the lawsuit was barred by the applicable four-year statute of limitations and awarded attorney fees to defendant, the district court did not err in awarding attorney fees because the plain language and purpose of this section indicate that the legislature intended to allow an award of attorney fees in deficiency actions arising from defaults on automobile purchase contracts. Autovest v. Agosto, 2021-NMCA-053, cert. granted. Replevin counterclaim was not a civil action "involving liability for a deficiency pursuant to Section 55-9-504" for which the court could allow a reasonable attorney fee to the debtor. Green Tree Acceptance, Inc. v. Layton, 1989-NMSC-006, 108 N.M. 171, 769 P.2d 84.
NM Stat § 39-2-3 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-3 - [Unnecessary splitting of actions.]

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 action, and the costs of the other actions shall be adjudged against him unless sufficient reason appear to the court for bringing several actions. History: Laws 1897, ch. 73, § 129; C.L. 1897, § 2685(129); Code 1915, § 4223; C.S. 1929, § 105-839; 1941 Comp., § 29-102; 1953 Comp., § 25-1-2. ANNOTATIONSCross references. — As to joinder of claims and remedies, see Rule 1-018 NMRA. As to consolidation and separate trials, see Rule 1-042 NMRA. Not error to render default judgment without motion for costs security. — After an answer to a verified complaint has been stricken as "sham and unverified," and the defendant has elected not to amend, but to stand on his answer, it is not error to render a default judgment without first acting on his motion for security for costs. Pilant v. S. Hirsch & Co., 1907-NMSC-003, 14 N.M. 11, 88 P. 1129. Am. Jur. 2d, A.L.R. and C.J.S. references. — Separate suits against parties who might have been sued jointly, right to costs in both actions, 6 A.L.R. 623. 20 C.J.S. Costs § 27.
NM Stat § 39-2-4 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-4 - [Actions ex contractu; recovery of principal amount below 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 claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court. History: Kearny Code, Costs, § 2; C.L. 1865, ch. 45, § 2; C.L. 1884, § 2203; C.L. 1897, § 3149; Code 1915, § 4283; C.S. 1929, § 105-1302; 1941 Comp., § 29-103; 1953 Comp., § 25-1-3. ANNOTATIONSAllowance of costs where damages under certain amount. — The plaintiff in an action of debt in the district court recovering less than $100 damages is nevertheless entitled to costs. Romero v. Silva, 1857-NMSC-002, 1 N.M. 157. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 16. 20 C.J.S. Costs § 20.
NM Stat § 39-2-5 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-5 - [Costs on appeal from probate court or magistrate; when 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 shall recover as much or more than the amount of the judgment below, the appellant shall pay costs in both courts; B. if, on such trial, the judgment of the appellate court shall be in favor of the appellant, the appellee shall pay costs in both courts; C. if the appellant shall, at any time before the appeal is perfected, tender to the appellee any part of the judgment, and he shall not accept it in satisfaction, and the appellee shall not recover more than the amount as tendered, he shall pay costs in the appellate court, but not in the court below. History: Kearny Code, Costs, § 3; C.L. 1865, ch. 45, § 3; C.L. 1884, § 2204; C.L. 1897, § 3150; Code 1915, § 4284; C.S. 1929, § 105-1303; 1941 Comp., § 29-104; 1953 Comp., § 25-1-4. ANNOTATIONSBracketed material. — The bracketed reference to "magistrate", near the beginning, was inserted by the compiler, as the office of justice of the peace was abolished by Laws 1968, ch. 62, § 40, which provides that reference to justice of the peace shall be construed to refer to magistrate court. See 35-1-38 NMSA 1978. The bracketed material was not enacted by the legislature and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 909 et seq. Right to have enforcement of judgment for costs stayed pending final determination of case, 78 A.L.R. 359. 20 C.J.S. Costs § 157 et seq.
NM Stat § 39-2-6 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-6 - [When judgment appealed from was for appellant.]

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 against him in both courts; if he recover more than the judgment below, he shall recover costs in both courts. History: Kearny Code, Costs, § 4; C.L. 1865, ch. 45, § 4; C.L. 1884, § 2205; C.L. 1897, § 3151; Code 1915, § 4285; C.S. 1929, § 105-1304; 1941 Comp., § 29-105; 1953 Comp., § 25-1-5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 909 et seq. Right to have enforcement of judgment for costs stayed pending final determination of case, 78 A.L.R. 359. Appellate court's award of costs as affected by subsequent proceedings or course of action in the lower court, 116 A.L.R. 1152. 20 C.J.S. Costs § 157 et seq.
NM Stat § 39-2-8 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; 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 court in civil cases, and the fees of the officers taking the depositions shall be five dollars [($5.00)] per day for each day of actual and necessary service. History: Laws 1882, ch. 12, § 19; C.L. 1884, § 2129; C.L. 1897, § 3067; Code 1915, § 2159; C.S. 1929, § 45-216; 1941 Comp., § 29-107; 1953 Comp., § 25-1-7. ANNOTATIONSCross references. — For recording fees, see 14-8-12 NMSA 1978. For per diem and mileage for witnesses, see 10-8-1 and 38-6-4 NMSA 1978; Rules 1-045, 2-502, 3-502, 5-111, 6-606, 7-606 and 8-602 NMRA; Civil Forms 4-503, 4-504, 4-505 and 4-505A NMRA; and Criminal Form 9-503 NMRA. For costs of expert witness fees are recoverable, see Rule 1-054 NMRA. Compiler's notes. — The compilers of the 1915 Code substituted the words "county clerk" for the words "probate clerk and ex-officio recorder." "Costs," "expenses" and "fees" are separate and distinct items and a deposition expense is a proper item of legal court costs. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153. Expense and fee become costs. — Expenses of deposition represent an economic item of outlay incurred. A fee is a charge fixed by law for the services of a public officer. Subsequent to trial and after performance or expenditure an "expense" and a "fee" become legal "costs" as assessed by the court. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153. Stenographic fee separate from appearance fee. — The $5.00 per day appearance fee may be waived and stenographic remuneration accepted as full and complete payment, and the charges for the stenographic taking and preparing of the depositions may be separated from the $5.00 per day fee provided for the notary or other officer necessarily present and participating. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153. When stenographer and officer taking deposition are one and same person, the actual expense of taking the deposition is a separate and distinct charge from the appearance fee allowed by law. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153. Stenographer other than officer of court may be reimbursed for the actual expense of taking a deposition and the office supervising the taking of the deposition may be allowed a fee of $5.00 for each day of actual and necessary service. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 49 et seq. Construction and effect of Rules 30(b), (d), 31(d), of the Federal Rules of Civil Procedure, and similar state statutes and rules, relating to preventing, limiting, or terminating the taking of depositions, 70 A.L.R.2d 685. 20 C.J.S. Costs § 97.
NM Stat § 39-2-9 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-9 - [Witness fees taxed as costs; limitation.]

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 1915, § 5900; C.S. 1929, § 155-106; 1941 Comp., § 29-108; 1953 Comp., § 25-1-8. ANNOTATIONSCross references. — For when costs of depositions are recovered, see Rule 1-054 NMRA. Compiler's notes. — The title of Laws 1887, ch. 40 purports to amend §§ 1268 to 1271 of C.L. 1884, but the body of the act appears to be an original instead of an amendatory act. Duty of court to strike unnecessary fees. — When causes are consolidated for trial, there can be no necessity ordinarily to subpoena any witness more than once, or to pay him more than one fee. If a party unnecessarily accumulates such expense, or seeks recovery of fees he has not paid or is not obligated to pay, it is the duty of the court and it has the power to strike such fees from the cost bill. Marcus v. St. Paul Fire & Marine Ins. Co., 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567. Discretion abused where fees for consolidated cases taxed. — Discretion as to taxing witness fees as costs was held abused, where nine cases were consolidated for trial and full mileage and per diem for each witness were taxed as costs in each case. Marcus v. St. Paul Fire & Marine Ins. Co., 1931-NMSC-030, 35 N.M. 471, 1 P.2d 567. Section has reference only to civil cases. 1916 Op. Att'y Gen. No. 16-1792. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 49. 20 C.J.S. Costs § 107 et seq.
NM Stat § 39-2-10 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court 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 the case. History: Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 16; C.L. 1884, § 2209; C.L. 1897, § 3155; Code 1915, § 4286; C.S. 1929, § 105-1305; 1941 Comp., § 29-109; 1953 Comp., § 25-1-9. ANNOTATIONSStating grounds for denial of witness fees not required. — Trial court is not required to state grounds for denying motion for certificate allowing fees and expenses of more than four witnesses. Frank A. Hubbell Co. v. Curtis, 1936-NMSC-033, 40 N.M. 234, 58 P.2d 1163. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 49. 20 C.J.S. Costs § 107 et seq.
NM Stat § 39-2-11 (2021)
2021 New Mexico Statutes|Chapter 39 - Judgments, Costs, Appeals|Article 2 - Attorneys' Fees and Costs|Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]

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 bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs. History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10. ANNOTATIONSCosts should be taxed before transcript is prepared and filed in the supreme court. Daily v. Fitzgerald, 1913-NMSC-001, 17 N.M. 159, 130 P. 247. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 96.