reglab/housing_qa huggingface dataset:
NM Stat § 44-7B-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7B - Mediation Procedures Act|Section 44-7B-3 - Scope.

A. Except as otherwise provided in Subsection B of this section, the Mediation Procedures Act [44-7B-1 NMSA 1978] applies to all mediators, nonparty participants, mediation parties and a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or are referred to mediation by a court, administrative agency or arbitrator; or (2) the mediation parties and the mediator agree to mediate and the agreement to mediate is evidenced by a record that is signed by the mediation parties. B. The Mediation Procedures Act does not apply to a mediation: (1) relating to the establishment, negotiation, administration or termination of a collective bargaining relationship; (2) relating to a dispute that is pending pursuant to or is part of the processes established by a collective bargaining agreement, except that the Mediation Procedures Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court; (3) conducted by a judge who might make a ruling on the case; or (4) agreed to in writing by the mediation parties and the mediator prior to the mediation not to be covered by the Mediation Procedures Act, declared in writing by a mediation program prior to the mediation or declared in writing by a court or court agency, a government or governmental subdivision, agency or instrumentality of this state or a tribal court, government or agency prior to the mediation not to be covered by the Mediation Procedures Act. History: Laws 2007, ch. 11, § 3. ANNOTATIONSEffective dates. — Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
NM Stat § 44-7B-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7B - Mediation Procedures Act|Section 44-7B-6 - Effect of agreement.

A. If the mediation parties reach a settlement agreement evidenced by a record signed by the mediation parties, the agreement is enforceable in the same manner as any other written contract. The agreement shall not affect any outstanding court order unless the terms of the agreement are incorporated into a subsequent order. B. A court, administrative agency or arbitrator, in its discretion, may incorporate the terms of the agreement in the order or other document disposing of the matter. History: Laws 2007, ch. 11, § 6. ANNOTATIONSEffective dates. — Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
NM Stat § 44-8-1 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-1 - Short title.

This act [44-8-1 to 44-8-10 NMSA 1978] may be cited as the "Receivership Act". History: Laws 1995, ch. 81, § 1.
NM Stat § 44-8-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-2 - Purpose.

The purpose of the Receivership Act [44-8-1 NMSA 1978] is to provide a framework for the creation and administration of receiverships. History: Laws 1995, ch. 81, § 2.
NM Stat § 44-8-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-3 - Definitions.

As used in the Receivership Act [44-8-1 NMSA 1978]: A. "applicant" means an interested person who seeks the appointment of a receiver; B. "business entity" means a sole proprietorship, a profit or nonprofit corporation, a general or limited partnership, business trust, joint venture or other enterprise composed of one or more persons or entities; C. "interested person" means any secured or unsecured creditor, a shareholder of a corporation, a general or limited partner of a partnership or a person jointly owning or interested in a receivership estate; and D. "receivership estate" means tangible and intangible property, its proceeds, profits, substitutions, additions, fixtures and accretions for which a receiver is sought. History: Laws 1995, ch. 81, § 3. ANNOTATIONSSpouse in a divorce action was an interested party. — Where the injured spouse was severely injured when the driving spouse attempted to pass on a blind curve and collided head-on with another vehicle; the injured spouse sued the driving spouse for personal injuries and the driving spouse's insurer for bad faith; during the pendency of the personal injury action, the driving spouse filed a divorce action against the injured spouse; and at the injured spouse's request and because of the driving spouse's Alzheimer's disease, the district court appointed a receiver to manage the driving spouse's bad faith claim against the insurer, the injured spouse had a sufficient interest to request the appointment of a receiver because the injured spouse had an interest in preserving community property and separate property assets that could be used in arriving at a final settlement of the marital dispute. Dydek v. Dydek, 2012-NMCA-088, 288 P.3d 872.
NM Stat § 44-8-4 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-4 - Grounds for appointing a receiver.

A. Upon application to a district court, the district court shall appoint a receiver in an action by a mortgagee or secured party or in any other action based upon a contract or other written agreement, where such mortgage, security agreement, contract or other written agreement provides for the appointment of a receiver. B. Upon application to a district court, the district court may appoint a receiver: (1) when specific statutory provisions authorize the appointment of a receiver; (2) in an action between or among persons owning or claiming an interest in the receivership estate; (3) in actions where receivers have customarily been appointed by courts of law or equity; (4) when a receiver has been appointed for a business entity or other person by a court of competent jurisdiction in another state, and that receiver seeks to collect, take possession or manage assets of the receivership estate located in New Mexico; or (5) in any other case where, in the discretion of the district court, just cause exists and irreparable harm may result from failure to appoint a receiver. History: Laws 1995, ch. 81, § 4.
NM Stat § 44-8-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-5 - Application for appointment of a receiver.

A. An applicant may apply to the district court for the appointment of a receiver by motion in an action already pending or by a separate petition or complaint. B. An application for the appointment of a receiver shall be verified and shall contain: (1) a description of the receivership estate, including the estimated gross monthly income if known, for which the applicant seeks a receiver; (2) the location of the receivership estate; (3) a description of the applicant's interest in the receivership estate; (4) a statement showing that venue in the district court is proper; (5) a statement of the grounds for the appointment of a receiver; and (6) a nomination of the proposed receiver. C. An ex parte hearing to appoint a receiver may be held without written or oral notice to the adverse party or his attorney only if: (1) it clearly appears from specific facts shown by affidavit or by the verified application that immediate and irreparable injury, loss or damage will result to the applicant or others before the adverse party's attorney can be heard in opposition; and (2) the applicant's attorney certifies to the court in writing the efforts, if any, that have been made to give the notice and the reasons supporting the attorney's claim that notice should not be required. D. Every application, proceeding and order for appointment of a receiver granted without notice shall comply with the Rules of Civil Procedure for the District Courts of New Mexico pertaining to temporary restraining orders and appointment of receivers ex parte. History: Laws 1995, ch. 81, § 5; 1996, ch. 35, § 10. ANNOTATIONS
NM Stat § 44-8-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-6 - Qualifications for receivers.

A receiver shall meet the following qualifications: A. the person must be at least eighteen years of age or a corporation or other business entity in good standing authorized to do business in New Mexico; B. the person must not be otherwise disqualified under applicable state or federal law to administer the receivership estate; C. before entering on his duties as receiver, the receiver shall sign and file a consent to act as receiver; and D. upon request and a showing of good cause by an interested party, the district court may require the receiver to post a bond unless the mortgage, security agreement, contract or other written agreement dispenses with the posting of bond. The amount of the bond shall be as ordered by the court. History: Laws 1995, ch. 81, § 6.
NM Stat § 44-8-7 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-7 - Powers and duties of receivers.

Unless otherwise ordered by the district court, a person who acts as a receiver shall: A. prepare an inventory of the receivership estate within thirty days of appointment and file that inventory with the district court; B. collect and manage the receivership estate in a reasonable and prudent manner; C. file monthly operating reports with the district court and provide copies to all parties who have entered an appearance and allow such parties reasonable access to the books and records of the receivership; D. enter into contracts reasonably necessary to operate, maintain and preserve the receivership estate; E. take possession of all available books, records and other documents related to the receivership estate; F. lease assets of the receivership estate in accordance with the powers and limitations contained in the original order of appointment; G. bring and defend actions in his capacity as receiver to maintain and preserve the receivership estate; H. subject to prior order of the district court, engage and retain attorneys, accountants, brokers or any other persons and pay their compensation or fees, sell or mortgage property of the receivership estate, borrow money for the receivership estate, make distributions of receivership proceeds to any party or pay compensation to the receiver; and I. exercise any other powers expressly granted by statute or an order of the district court. History: Laws 1995, ch. 81, § 7. ANNOTATIONSDuty to account. — In a divorce proceeding, where the court ordered the wife to manage, oversee and liquidate the parties' assets and to provide monthly accountings to the husband of assets sold and debts paid; the court subsequently appointed a special master to review and resolve issues concerning the liquidation of family businesses; the court subsequently ordered the special master to complete the liquidation of the estate; and the wife continued to be actively involved in the liquidation of the community assets after the special master was appointed, the wife was not relieved of her responsibility to account. Muse v. Muse, 2009-NMCA-003, 145 N.M. 451, 200 P.3d 104.
NM Stat § 44-8-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-8 - Compensation.

A receiver and an attorney, accountant, broker and other person duly engaged and retained by the receiver shall be entitled to receive reasonable compensation, to be paid from the receivership estate, in a sum to be fixed or approved by the district court, for services rendered to the receivership estate. History: Laws 1995, ch. 81, § 8.
NM Stat § 44-8-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-9 - Removal, death, resignation, substitution and discharge of receiver; termination of receivership.

A. Upon notice and hearing, a receiver may be removed either upon application by an interested person or upon the district court's own motion. B. The death, resignation or substitution of a receiver, the expiration of a receiver's term of appointment or the dismissal of the action in which a receiver was appointed shall not have the effect of terminating the receivership. C. A receiver may not resign except by leave of the district court. Leave shall be sought by motion and hearing unless the agreement of all parties obviates the need for a hearing. Leave may provide for the discharge of a receiver, and leave and discharge may be conditioned upon: (1) the substitution of another receiver; (2) the preparation and filing of a receiver's report; (3) the preparation and filing of an accounting; (4) the delivery of receivership property, accounts and books to a successor or to a person appointed by the district court; (5) the consent of all interested persons; (6) the termination of the receivership; (7) the conclusion of litigation to which a receiver is party; or (8) such other terms as the district court may order. D. In the event of the death, resignation or removal of a receiver, the district court shall appoint a successor receiver to oversee a receivership estate. A receiver so appointed succeeds to the powers of his predecessor. E. Upon disposition of the action concerning the receivership estate, the district court shall enter an order that discharges the receiver from his duties and releases him from any claim or demand of any interested person. Upon the termination of the receiver's duties, the receiver shall prepare and file a final report and account of the receivership and serve it upon all parties who have entered an appearance. Any objections to the receiver's final account and report and claims to surcharge must be filed within ten days of service. Upon settlement of the receiver's final account and report, the district court shall enter an order discharging the receiver from all further duties, releasing him from any claim or demand of any interested person and exonerating any bond that the receiver has been required to post in connection with the receivership. History: Laws 1995, ch. 81, § 9.
NM Stat § 44-8-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 8 - Receivership Act|Section 44-8-10 - Appeal and stay of appointment of a receiver.

If an appeal is taken from a district court from a judgment or an order appointing a receiver, perfecting of an appeal from such judgment or order shall not stay enforcement of the judgment or order unless a bond, in a sum fixed by the district court, is given and posted on condition that if the judgment or order is affirmed on the appeal, or if the appeal is withdrawn or dismissed, the appellant will pay all costs and damages that the respondent may sustain by reason of the stay in the enforcement of the judgment or order. History: Laws 1995, ch. 81, § 10. ANNOTATIONSSeverability. — Laws 1995, ch. 81, § 12 provides for the severability of the act if any part or application thereof is held invalid.
NM Stat § 44-9-1 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-1 - Short title.

This act [44-9-1 to 44-9-14 NMSA 1978] may be cited as the "Fraud Against Taxpayers Act". History: Laws 2007, ch. 40, § 1. ANNOTATIONSCross references. — For the New Mexico finance authority, see 6-21-4 NMSA 1978. For the mortgage finance authority, see 58-18-4 NMSA 1978. For the New Mexico lottery authority, see 6-24-5 NMSA 1978. Effective dates. — Laws 2007, ch. 40, § 16 made the act effective July 1, 2007. Severability. — Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
NM Stat § 44-9-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-2 - Definitions.

As used in the Fraud Against Taxpayers Act: A. "claim" means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision; B. "employer" includes an individual, corporation, firm, association, business, partnership, organization, trust, charter school and the state and any of its agencies, institutions or political subdivisions; C. "knowingly" means that a person, with respect to information, acts: (1) with actual knowledge of the truth or falsity of the information; (2) in deliberate ignorance of the truth or falsity of the information; or (3) in reckless disregard of the truth or falsity of the information; D. "person" means an individual, corporation, firm, association, organization, trust, business, partnership, limited liability company, joint venture or any legal or commercial entity; E. "political subdivision" means a political subdivision of the state or a charter school; and F. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, commissions, officers, institutions or instrumentalities, including the New Mexico finance authority, the New Mexico mortgage finance authority and the New Mexico lottery authority. History: Laws 2007, ch. 40, § 2; 2015, ch. 128, § 1. ANNOTATIONSCross references. — For the New Mexico finance authority, see 6-21-4 NMSA 1978. For the mortgage finance authority, see 58-18-4 NMSA 1978. For the New Mexico lottery authority, see 6-24-5 NMSA 1978. The 2015 amendment, effective June 19, 2015, amended certain definitions in the Fraud Against Taxpayers Act to include political subdivisions and charter schools; in Subsection A, after "by the state", added "or a political subdivision"; in Subsection B, after "trust", added "charter school"; in Subsection D, after "entity", deleted "and"; and added a new Subsection E and redesignated the succeeding subsection accordingly.
NM Stat § 44-9-4 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-4 - Investigation by the attorney general; delegation; civil action.

A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to the Fraud Against Taxpayers Act. B. The attorney general may in appropriate cases delegate the authority to investigate or to bring a civil action to the state agency or political subdivision to which a false claim was made, and when this occurs, the state agency or political subdivision shall have every power conferred upon the attorney general pursuant to the Fraud Against Taxpayers Act. If the attorney general has delegated authority to a state agency or political subdivision, all references to the attorney general in the Fraud Against Taxpayers Act shall apply to the delegee. History: Laws 2007, ch. 40, § 4; 2015, ch. 128, § 3. ANNOTATIONSCross references. — For the authority of the attorney general to bring civil and criminal action, see 8-5-3 NMSA 1978. The 2015 amendment, effective June 19, 2015, provided the authority for the attorney general to delegate powers to political subdivisions of the state to investigate suspected violations of the Fraud Against Taxpayers Act; in Subsection A, after "Section", deleted "3 of the Fraud Against Taxpayers Act" and added "44-9-3 NMSA 1978"; in Subsection B, after "action to the state agency", added "or political subdivision", after "occurs, the state agency", added "or political subdivision", and after "Fraud Against Taxpayers Act.", added the last sentence.
NM Stat § 44-9-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-8 - Award of attorney fees and costs to defendant.

If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment. History: Laws 2007, ch. 40, § 8; 2015, ch. 128, § 7. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, authorized attorney's fees in civil actions pursuant to the Fraud Against Taxpayers Act when the defendant prevails against a qui tam plaintiff who proceeds with the action without the state or political subdivision as a party to the action; and after "If the state", added "or political subdivision".
NM Stat § 44-9-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-10 - State or political subdivision not liable.

The state or political subdivision shall not be liable for expenses or fees that a qui tam plaintiff may incur in investigating or bringing an action pursuant to the Fraud Against Taxpayers Act. History: Laws 2007, ch. 40, § 10; 2015, ch. 128, § 9. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, provided that political subdivisions are not liable for expenses or fees that a qui tam plaintiff may incur in bringing an action pursuant to the Fraud Against Taxpayers Act; in the catchline, added "or political subdivision"; and at the beginning of the sentence, after "The state", added "or political subdivision".
NM Stat § 44-9-11 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-11 - Employer interference with employee disclosure; private action for retaliation.

A. An employer shall not make, adopt or enforce a rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting in furtherance of a fraud against taxpayers action, including investigating, initiating, testifying or assisting in an action filed or to be filed pursuant to the Fraud Against Taxpayers Act [44-9-1 NMSA 1978]. B. An employer shall not discharge, demote, suspend, threaten, harass, deny promotion to or in any other manner discriminate against an employee in the terms and conditions of employment because of the lawful acts of the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a fraud against taxpayers action, including investigating, initiating, testifying or assisting in an action filed or to be filed pursuant to the Fraud Against Taxpayers Act. C. An employer that violates Subsection B of this section shall be liable to the employee for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the violation, two times the amount of back pay with interest on the back pay, compensation for any special damage sustained as a result of the violation and, if appropriate, punitive damages. In addition, an employer shall be required to pay the litigation costs and reasonable attorney fees of the employee. An employee may bring an action pursuant to this section in any court of competent jurisdiction. History: Laws 2007, ch. 40, § 11. ANNOTATIONSEffective dates. — Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007. Severability. — Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
NM Stat § 44-9-13 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 9 - Fraud Against Taxpayers Act|Section 44-9-13 - Joint and several liability.

Liability shall be joint and several for any act committed by two or more persons in violation of the Fraud Against Taxpayers Act [44-9-1 NMSA 1978]. History: Laws 2007, ch. 40, § 13. ANNOTATIONSEffective dates. — Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007. Severability. — Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.