reglab/housing_qa huggingface dataset:
NM Stat § 38-4-6 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-6 - [Married woman.]

A married woman shall sue and be sued as if she were unmarried. History: Laws 1897, ch. 73, § 8; C.L. 1897, § 2685 (8); Code 1915, § 4075; C.S. 1929, § 105-109; 1941 Comp., § 19-606; 1953 Comp., § 21-6-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section permits a married woman to institute and maintain an action for her physical injuries, pain and suffering in her own name without the joinder of her husband. Soto v. Vandeventer, 1952-NMSC-064, 56 N.M. 483, 245 P.2d 826; see also Roberson v. U-Bar Ranch, Inc., 303 F. Supp. 730 (D.N.M. 1968). Right extends to nonresident married women. Roberson v. U-Bar Ranch, Inc., 303 F. Supp. 730 (D.N.M. 1968). Husband proper party to bring action for medical expenses and loss of services arising from injuries to wife. — Where physical injuries are suffered by the wife because of negligence of the defendant, the cause of action for medical expenses, loss of services to the community, as well as loss of earnings, if any, of the wife belongs to the community, and the husband as its head is the proper party to bring such an action against one who wrongfully injured the wife. Soto v. Vandeventer, 1952-NMSC-064, 56 N.M. 483, 245 P.2d 826. Right of wife to sue husband for torts committed during marriage. — One spouse may sue the other for intentional torts. Flores v. Flores, 1973-NMCA-011, 84 N.M. 601, 506 P.2d 345, cert. denied, 84 N.M. 592, 506 P.2d 336. Am. Jur. 2d, A.L.R. and C.J.S. references. — Judgment in spouse's action for personal injuries as binding, as regards loss of consortium and similar resulting damage, upon other spouse not a party to the action, 12 A.L.R.3d 933. 41 C.J.S. Husband and Wife § 111.
NM Stat § 38-4-7 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-7 - Infant; suits between spouses.

An infant who has been lawfully married, may institute, prosecute to judgment or defend any action against his spouse in his own name without a guardian or next friend. History: Laws 1897, ch. 73, § 9; C.L. 1897, § 2685 (9); Code 1915, § 4080; Laws 1921, ch. 34, § 1; C.S. 1929, § 105-201; 1941 Comp., § 19-607; 1953 Comp., § 21-6-7; Laws 1975, ch. 257, § 8-105. ANNOTATIONSCross references. — For definition of infant, see 38-4-13 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978. For suits by or against infants or incompetents generally, see Rule 1-017 NMRA.
NM Stat § 38-4-8 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-8 - [Infants; bond of next friend.]

Any person who acts as next friend for an infant in any suit to recover any personal property, debt or damages, shall, if required by the court, execute a bond to such infant in double the amount claimed in such suit, with such sureties as shall be approved by the court, conditioned that such next friend shall account to such infant for all money or property which may be recovered in such suit. Such bond shall be delivered to and filed in the office of the clerk of the court in which said suit is pending. History: Laws 1897, ch. 73, § 11; C.L. 1897, § 2685 (11); Code 1915, § 4082; C.S. 1929, § 105-203; 1941 Comp., § 19-608; 1953 Comp., § 21-6-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For definition of infant, see 38-4-13 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978. For suits by or against infants or incompetents generally, see Rule 1-017 NMRA.
NM Stat § 38-4-9 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-9 - Costs in suit brought by certain representatives of infant.

The guardian, conservator or next friend of any infant who commences or prosecutes a suit shall be responsible for the costs thereof, unless such infant be permitted by the court to sue as a poor person, as provided by law. History: Laws 1897, ch. 73, § 12; C.L. 1897, § 2685 (12); Code 1915, § 4083; C.S. 1929, § 105-204; 1941 Comp., § 19-609; 1953 Comp., § 21-6-9; Laws 1975, ch. 257, § 8-106. ANNOTATIONSCross references. — For liability of guardian ad litem for costs, see 38-4-12 NMSA 1978. For the definition of infant, see 38-4-13 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978. For suits by or against infants or incompetents generally, see Rule 1-017 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Allowance of fees for guardian ad litem appointed for infant defendant, as costs, 30 A.L.R.2d 1148.
NM Stat § 38-4-10 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-10 - Guardian ad litem for infant defendant.

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 request of a relative or friend of the infant, or on the written consent of any competent person proposed as guardian ad litem, and such request and consent shall be filed in the office of the clerk of the court before any answers by such infant shall be filed. History: Laws 1897, ch. 73, § 14; C.L. 1897, § 2685 (14); Code 1915, § 4085; C.S. 1929, § 105-206; 1941 Comp., § 19-610; 1953 Comp., § 21-6-10; Laws 1975, ch. 257, § 8-107. ANNOTATIONSCompiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA. Cross references. — For the definition of infant, see 38-4-13 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978. For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017 NMRA. Applicability of section. — This section does not expressly authorize appointment of a guardian ad litem for an infant plaintiff, and no other statute either authorizes or requires court approval of a settlement by a child, with or without representation through a guardian ad litem. Collins ex rel. Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, 806 P.2d 40. Law reviews. — For note, "Tort Law - Either the Parents or the Child May Claim Compensation for the Child's Medical and Nonmedical Damages: Lopez v. Southwest Community Health Services," see 23 N.M.L. Rev. 373 (1993). Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Infants §§ 173 to 177. Bastardy: maintainability of bastardy proceedings against infant defendant without appointment of guardian ad litem, 69 A.L.R.2d 1379. Capacity of guardian to sue or to be sued outside state where appointed, 94 A.L.R.2d 162. 43 C.J.S. Infants §§ 222 to 233.
NM Stat § 38-4-11 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-11 - Failure to apply for appointment of guardian ad litem.

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 defense of such suit. History: Laws 1897, ch. 73, § 15; C.L. 1897, § 2685 (15); Code 1915, § 4086; C.S. 1929, § 105-207; 1941 Comp., § 19-611; 1953 Comp., § 21-6-11; Laws 1975, ch. 257, § 8-108. ANNOTATIONSCompiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA. Cross references. — For definition of infants, see 38-4-13 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978. For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017 NMRA.
NM Stat § 38-4-12 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-12 - Liability of guardian ad litem for costs.

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, § 2685 (16); Code 1915, § 4087; C.S. 1929, § 105-208; 1941 Comp., § 19-612; 1953 Comp., § 21-6-12; Laws 1975, ch. 257, § 8-109. ANNOTATIONSCross references. — For responsibility for costs in suit brought by certain representatives of infants, see 38-4-9 NMSA 1978. For age of majority, see 28-6-1 NMSA 1978.
NM Stat § 38-4-13 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-13 - Definition of "infant" as used in Sections 38-4-7 through 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. ANNOTATIONSCross references. — For age of majority, see 28-6-1 NMSA 1978.
NM Stat § 38-4-14 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-14 - Incapacitated person; definition.

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, chronic intoxication or other cause, except minority, to the extent that he is unable to manage his personal care or he is unable to manage his property and financial affairs. History: Laws 1925, ch. 22, § 1; C.S. 1929, § 85-301; 1941 Comp., § 19-613; 1953 Comp., § 21-6-13; Laws 1975, ch. 257, § 8-110; 1989, ch. 252, § 1. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "demonstrates over time either partial or complete functional impairment" for "is impaired", deleted "advanced age", following "disability", and substituted all of the present language following "minority" for "to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or management of his affairs".
NM Stat § 38-4-15 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-15 - Appointment of guardian ad litem to defend suit.

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 incapacitated person makes application for the appointment of a guardian ad litem within twenty days after service of process upon the incapacitated person, then the court in which said action or proceeding is pending, may, upon the application of any other party to the action or proceeding, appoint some qualified person to act as guardian ad litem for the incapacitated person in said cause. History: Laws 1925, ch. 22, § 4; C.S. 1929, § 85-304; 1941 Comp., § 19-614; 1953 Comp., § 21-6-14; Laws 1975, ch. 257, § 8-111. ANNOTATIONSCompiler's notes. — This section may be affected by the last sentence of Rule 1-017C NMRA. Cross references. — For service of process against insane or incompetent persons, see 38-1-12 NMSA 1978. For appointment of guardians ad litem for infants or incompetents generally, see Rule 1-017C NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Mental condition which will justify the appointment of guardian, committee, or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.
NM Stat § 38-4-16 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-16 - Compromise by guardian ad litem.

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 of the court in which the suit is pending. History: Laws 1925, ch. 22, § 6; C.S. 1929, § 85-306; 1941 Comp., § 19-616; 1953 Comp., § 21-6-16; Laws 1975, ch. 257, § 8-112; 2009, ch. 159, § 13. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, after "judgment to be entered", deleted "therein" and added "in the action or proceeding"; and after "for or against", deleted "his ward". Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and enforceability of agreement to drop or compromise will contest or withdraw objections to probate, or of agreement to induce others to do so, 42 A.L.R.2d 1319. Power of incompetent spouse's guardian or representative to sue for granting or vacation of divorce or annulment of marriage, or to make compromise or settlement in such suit, 32 A.L.R.5th 673.
NM Stat § 38-4-17 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-17 - Costs paid by guardian ad litem.

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 case. History: Laws 1925, ch. 22, § 7; C.S. 1929, § 85-307; 1941 Comp., § 19-617; 1953 Comp., § 21-6-17; Laws 1975, ch. 257, § 8-113.
NM Stat § 38-4-18 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-18 - Partnerships and corporations may be represented by 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 corporation even though the partner, officer or director is not an attorney. History: Laws 1987, ch. 103, § 1.
NM Stat § 38-5-3.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-3.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 366, § 2 repealed 38-5-3.1 NMSA 1978, as enacted by Laws 1983, ch. 107, § 1, relating to the juror selection pilot program in the thirteenth judicial district, effective June 16, 1989.
NM Stat § 38-5-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-4 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 71, § 8 repealed 38-5-4 NMSA 1978, as enacted by Laws 1969, ch. 222, § 4, relating to jury wheels, effective April 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 38-5-5 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-5 - Jury tampering; penalties.

Jury tampering consists of: A. the willful placing of names in a jury wheel or removal of the names other than in accordance with law; B. the selection or drawing of jurors other than in accordance with law; C. the attempt to threaten, coerce or induce a trial juror to vote for a false verdict or a grand juror to vote for no indictment or for a false indictment; or D. the threatening, coercing or inducing of a trial juror to vote for a false verdict or a grand juror to vote for no indictment or for a false indictment. Whoever violates the provisions of Subsection A or B of this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Whoever violates the provisions of Subsection C of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. Whoever violates the provisions of Subsection D of this section is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: 1953 Comp., § 19-1-5, enacted by Laws 1969, ch. 222, § 5; 1989, ch. 343, § 1; 1997, ch. 208, § 2. ANNOTATIONSCross references. — For punishment for petty misdemeanors, see 31-19-1 NMSA 1978. The 1997 amendment, effective July 1, 1997, in the last paragraph, substituted "third degree felony" for "fourth degree felony" near the end of the second sentence, substituted "second degree felony" for "third degree felony" near the end of the third sentence, and added "and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" to the end of the second and third sentences. The 1989 amendment, effective June 16, 1989, in the catchline, substituted "penalties" for "misdemeanor"; in Subsection A, substituted "removal of the names" for "removal therefrom"; substituted present Subsection C for the former subsection which read "the threatening, coercing or inducing a trial juror to vote for a false verdict or a grand juror to vote for a false indictment or the attempt thereto"; added Subsection D; and substituted the present concluding paragraph for the former concluding paragraph which read "Whoever commits jury tampering is guilty of a petty misdemeanor".
NM Stat § 38-5-5.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-5.1 - Legislative declaration.

It is the policy of this state that all qualified citizens have an obligation to serve on juries and to give truthful information concerning attitudes, opinions and feelings about topics relevant to the proceeding for which they are called to serve when summoned by the courts of this state. History: Laws 2005, ch. 107, § 2. ANNOTATIONSEffective dates. — Laws 2005, ch. 107, § 11 made Laws 2005, ch. 107, § 2 effective July 1, 2005.
NM Stat § 38-5-6 to 38-5-9 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-6 to 38-5-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 71, § 8 repealed 38-5-6 to 38-5-9 NMSA 1978, as enacted by Laws 1969, ch. 222, §§ 6 to 9, relating to jury commissioners, recording of potential jury list, master jury wheel, and selection of jurors from master jury wheel, effective April 1, 1991. For provisions of former sections, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 38-5-10 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-10 - Summoning of jurors; claiming exemption.

Upon drawing a list of jurors for grand jury or petit jury service, the clerk shall issue a summons for each juror ordering his attendance at a time and place as fixed by the district judge or magistrate ordering the drawing. The summons may be served by first class mail or in a manner provided for the service of civil process. A willful failure to appear as ordered in the summons is a petty misdemeanor. Accompanying each summons, the clerk of the court shall submit for the information of the jurors the listing of those classes of persons or qualifications provided by law under which an exemption from jury service may be claimed. Jurors shall be provided a form upon which they may state the facts supporting their eligibility to claim exemption from jury service and to express a claim for exemption. History: 1953 Comp., § 19-1-10, enacted by Laws 1969, ch. 222, § 10; 1991, ch. 71, § 3. ANNOTATIONSCross references. — For exemptions from jury service, see 38-5-2 NMSA 1978. For fee of sheriff for serving jury venire, see 4-41-18 NMSA 1978. For punishment for petty misdemeanor, see 31-19-1 NMSA 1978. For service of process generally, see Rule 1-004 NMRA. The 1991 amendment, effective April 1, 1991, inserted "or magistrate" near the end of the first sentence; substituted "first class" for "registered or certified" in the second sentence; substituted "state the facts" for "make affidavit to the facts" in the final sentence; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 184 et seq. 50 C.J.S. Juries §§ 153, 154, 171 to 173.
NM Stat § 38-5-10.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 5 - Drawing and Empaneling Jurors|Section 38-5-10.1 - Postponement of petit jury service.

A. A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror: (1) has not previously been granted a postponement; and (2) agrees to a future date, approved by the court, when the juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve. B. A subsequent request to postpone jury service may be approved by the court only in the event of an emergency that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a subsequent postponement, the prospective juror must agree to a future date on which the juror will appear for jury service within six months of the postponement. C. A court shall postpone and reschedule the service of a summoned juror, without affecting the summoned juror's right to request a postponement under Subsections A and B of this section, if the summoned juror is: (1) employed by an employer with five or fewer full-time employees, or their equivalent, and another employee of the same employer is summoned to appear during the same period; (2) the only person performing particular services for a business, commercial or agricultural enterprise and whose services are so essential to the operations of the business, commercial or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty; or (3) required to attend to an emergency as determined by the judge. History: Laws 2005, ch. 107, § 3. ANNOTATIONSEffective dates. — Laws 2005, ch. 107, § 11 made Laws 2005, ch. 107, § 3 effective July 1, 2005.