reglab/housing_qa huggingface dataset:
NM Stat § 44-6-4 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-4 - Power to construe.

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder. History: 1953 Comp., § 22-6-7, enacted by Laws 1975, ch. 340, § 4. ANNOTATIONSAction to declare rights under the Property Tax Code. — A claim seeking to invalidate a tax sale due to inadequacy of price may be directed solely at the third-party purchasers of the property. Valenzuela v. Snyder, 2014-NMCA-061, cert. granted, 2014-NMCERT-005. Where plaintiffs owed delinquent property taxes; the department sold the property at auction; the department established the minimum bid as $215; the fair market value of the property was at least $25,000; the buyers of the property, who were the only bidders, paid $215 for the property; the department issued a tax deed to the buyers; and plaintiffs filed suit against the buyers to set aside the sale, the suit against the buyers was permissible. Valenzuela v. Snyder, 2014-NMCA-061, cert. granted, 2014-NMCERT-005. Challenges to administrative entity's authority to act. — A declaratory judgment action challenging an administrative entity's authority to act ordinarily should be limited to purely legal issues that do not require fact-finding by the administrative entity. Smith v. City of Santa Fe, 2007-NMCA-055, 142 N.M. 786, 171 P.3d 300. Action alleging proposed expenditure unconstitutional not premature. — Because the bond issue money has not been raised, nor spent, does not make this a premature suit for declaratory judgment, seeking a declaration that proposed expenditure of money was unconstitutional. Gomez v. Board of Educ., 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 68 to 86. Determination of constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under Declaratory Judgment Act, 114 A.L.R. 1361. Application of Declaratory Judgment Act to questions in respect of contracts or alleged contracts, 162 A.L.R. 756. Interest necessary to maintenance of declaratory determination of validity of statute or ordinance, 174 A.L.R. 549. "Actual controversy" under declaratory judgment statute in zoning and building restriction cases, 174 A.L.R. 853. Tax questions as proper subject of action for declaratory judgment, 11 A.L.R.2d 359. Validity, construction and application of criminal statutes or ordinances as proper subject for declaratory judgment, 10 A.L.R.3d 727. 26 C.J.S. Declaratory Judgments §§ 44 to 52.
NM Stat § 44-6-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-5 - Contract construction.

A contract may be construed either before or after there has been a breach thereof. History: 1953 Comp., § 22-6-8, enacted by Laws 1975, ch. 340, § 5. ANNOTATIONSAction alleging proposed bond issue expenditure unconstitutional not premature. Gomes v. Board of Educ., 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465. Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 62 to 65. 26 C.J.S. Declaratory Judgments §§ 53 to 59.
NM Stat § 44-6-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-6 - Enumeration not exclusive.

The enumeration in Sections 4 [44-6-4 NMSA 1978] and 5 [44-6-5 NMSA 1978] of the Declaratory Judgment Act does not limit or restrict the exercise of the general powers conferred in Section 2 [44-6-2 NMSA 1978], in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. History: 1953 Comp., § 22-6-9, enacted by Laws 1975, ch. 340, § 6.
NM Stat § 44-6-7 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-7 - Discretionary.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. History: 1953 Comp., § 22-6-10, enacted by Laws 1975, ch. 340, § 7. ANNOTATIONSDecision to accept declaratory judgment jurisdiction discretionary and reviewable. — Whether a court assumes, takes, entertains, accepts or exercises jurisdiction in a declaratory judgment action, or refuses so to do, it is acting within its discretionary power which is subject to review for an alleged abuse thereof. Allstate Ins. Co. v. Firemen's Ins. Co., 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553. Discretion must be based on good reason. — The exercise of discretion to grant or refuse declaratory relief under this section must find its basis in good reason. Sunwest Bank v. Clovis IV, 1987-NMSC-065, 106 N.M. 149, 740 P.2d 699. Disputed interpretation of arbitration contract. — Where a complaint for declaratory judgment raises questions of law arising from the disputed interpretation of an arbitration contract, the proper forum for resolution of such questions is the trial court. Guaranty Nat'l Ins. Co. v. Valdez, 1988-NMSC-090, 107 N.M. 764, 764 P.2d 1322. Discretion held not to have been abused. — The trial court is vested with broad discretion to grant or refuse claims for declaratory relief, and where a ruling that there existed full legal and public access to plaintiff's property would not have terminated the controversy giving rise to the action, the trial court did not abuse its discretion in refusing to rule on the matter. Colborne v. Village of Corrales, 1987-NMSC-060, 106 N.M. 103, 739 P.2d 972. Determination of remedy may be had before hearing on merits. — Contention that it was mandatory on the district court to hear a case on the merits before it could exercise its discretion to determine whether a declaratory judgment was the appropriate remedy and whether a declaration should be granted or denied was without merit. Allstate Ins. Co. v. Firemen's Ins. Co., 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553. Law reviews. — For annual survey of New Mexico law of civil procedure, 19 N.M.L. Rev. 627 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 17 to 22. 26 C.J.S. Declaratory Judgments §§ 11, 12.
NM Stat § 44-6-8 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-8 - Review.

All orders, judgments and decrees under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] may be reviewed as other order [orders], judgments and decrees. History: 1953 Comp., § 22-6-11, enacted by Laws 1975, ch. 340, § 8. ANNOTATIONSCross references. — For appeals generally, see Rules 12-201 to 12-216 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 117. 26 C.J.S. Declaratory Judgments § 163.
NM Stat § 44-6-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-10 - Jury trial.

When a proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. History: 1953 Comp., § 22-6-13, enacted by Laws 1975, ch. 340, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 228, 230. Jury trial in action for declaratory relief, 131 A.L.R. 218, 13 A.L.R.2d 777. Right to jury trial in action for declaratory relief in state court, 33 A.L.R.4th 146. 26 C.J.S. Declaratory Judgments §§ 155, 156.
NM Stat § 44-6-11 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-11 - Costs.

In any proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the court may make an award of costs as may seem equitable and just. History: 1953 Comp., § 22-6-14, enacted by Laws 1975, ch. 340, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments § 253.
NM Stat § 44-6-12 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-12 - Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. History: 1953 Comp., § 22-6-15, enacted by Laws 1975, ch. 340, § 12. ANNOTATIONSNecessary parties. — Injured third-party claimant may participate in a declaratory judgment action brought by an automobile insurance company against its insured seeking to deny coverage under its policy. Third-party claimants are necessary parties to such declaratory judgment actions. Gallegos v. Nevada Gen. Ins.Co., 2011-NMCA-004, 149 N.M. 364, 248 P.3d 912. Attorney general to be served where constitutionality of statute questioned. — This section requires service upon the attorney general not only when it is alleged that a statute, on its face, is unconstitutional but also where the statute is alleged to be unconstitutional in its application to a particular person. Lazo v. Board of Cnty. Comm'rs, 1984-NMSC-111, 102 N.M. 35, 690 P.2d 1029. Taxpayers. — Rule 1-019 NMRA does not require joinder of every person who might have standing to challenge an action, and neither does this section; requiring the joinder of every citizen or taxpayer in the suit would defeat the purpose of the Declaratory Judgment Act. San Juan Water Comm'n v. Taxpayers & Water Users, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748. Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 203, 204, 209 to 211. Joinder of causes of action and parties in suit under Declaratory Judgment Act, 110 A.L.R. 817. Construction, application and effect of § 11 of the Uniform Declaratory Judgments Act that all persons who have or claim any interest which would be affected by the declaration shall be made parties, 71 A.L.R.2d 723. 26 C.J.S. Declaratory Judgments §§ 121, 130, 131, 132.
NM Stat § 44-6-14 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-14 - Construction.

The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be remedial. The act's purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered. History: 1953 Comp., § 22-6-17, enacted by Laws 1975, ch. 340, § 14. ANNOTATIONSActions not intended as substitute for mandamus. — Declaratory judgment actions are not intended to provide a substitute for other available actions, such as mandamus. A mandamus will not be denied on the ground that the plaintiff did not bring a declaratory judgment action. City of Albuquerque v. Ryon, 1987-NMSC-121, 106 N.M. 600, 747 P.2d 246. Law reviews. — For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 7 to 10. 26 C.J.S. Declaratory Judgments §§ 3, 7, 8, 9.
NM Stat § 44-6-15 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 6 - Declaratory Judgments|Section 44-6-15 - Uniformity of interpretation.

The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. History: 1953 Comp., § 22-6-18, enacted by Laws 1975, ch. 340, § 15. ANNOTATIONSSeverability. — Laws 1975, ch. 340, § 17, provides for the severability of the Declaratory Judgment Act, except for sections 2 and 4 (44-6-2 and 44-6-4 NMSA 1978), if any part or application thereof is held invalid. Law reviews. — For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).
NM Stat § 44-7-1 to 44-7-22 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7 - Arbitration (Repealed.)|Section 44-7-1 to 44-7-22 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 227, § 33 repealed 44-7-1 through 44-7-22 NMSA 1978, as enacted by Laws 1971, ch. 168, §§ 1 to 23, the former Uniform Arbitration Act, effective July 1, 2001. For provisions of former sections, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 44-7A-1 NMSA 1978 et seq.
NM Stat § 44-7A-2 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-2 - Notice.

(a) Except as otherwise provided in the Uniform Arbitration Act [44-7A-1 NMSA 1978], a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the person has knowledge of the notice or has received notice. (c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications. History: Laws 2001, ch. 227, § 2. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001. Effect of failure of proper notice. — Because the appellant was prejudiced by the arbitrator's failure to give him proper notice of the third hearing, and because the failure to give notice was sufficient cause to require the arbitrator to postpone the hearing, the trial court erred when it failed to vacate the arbitration award pursuant to 44-7-12A(4) NMSA 1978 (now 44-7A-24 NMSA 1978). Jaycox v. Ekeson, 1993-NMSC-036, 115 N.M. 635, 857 P.2d 35. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Alternative Dispute Resolution § 183. Necessity and sufficiency of notice of and hearing in proceedings before appraisers and arbitrators appointed to determine amount of insurance loss, 25 A.L.R.3d 680. 6 C.J.S. Arbitration § 83.
NM Stat § 44-7A-3 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-3 - When the uniform arbitration applies.

(a) The Uniform Arbitration Act [44-7A-1 NMSA 1978] governs an agreement to arbitrate made on or after the effective date of that act. (b) The Uniform Arbitration Act governs an agreement to arbitrate made before the effective date of that act if all the parties to the agreement or to the arbitration proceeding so agree in a record. History: Laws 2001, ch. 227, § 3. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
NM Stat § 44-7A-5 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-5 - Disabling civil dispute clause voidable.

In the arbitration of a dispute between a consumer, borrower, tenant or employee and another party, a disabling civil dispute clause contained in a document relevant to the dispute is unenforceable against and voidable by the consumer, borrower, tenant or employee. If the enforcement of such a clause is at issue as a preliminary matter in connection with arbitration, the consumer, borrower, tenant or employee may seek judicial relief to have the clause declared unenforceable in a court having personal jurisdiction of the parties and subject matter jurisdiction of the issue. History: Laws 2001, ch. 227, § 5. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001. Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of compulsory arbitration statutes, 55 A.L.R.2d 432. Validity and enforceability of provision for binding arbitration, and waiver thereof, 24 A.L.R.3d 1325.
NM Stat § 44-7A-6 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-6 - Application for judicial relief.

(a) Except as otherwise provided in Section 28 [44-7A-28 NMSA 1978], an application for judicial relief under the Uniform Arbitration Act [44-7A-1 NMSA 1978] must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under the Uniform Arbitration Act must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases. History: Laws 2001, ch. 227, § 6. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001. Cross references. — For motions generally, see Rules 1-007 to 1-016 NMRA. For service of summons, see Rule 1-004 NMRA.
NM Stat § 44-7A-9 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-9 - Provisional remedies.

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action. (b) After an arbitrator is appointed and is authorized and able to act: (1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and (2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. (c) A party does not waive a right of arbitration by making a motion under Subsection (a) or (b). History: Laws 2001, ch. 227, § 9. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
NM Stat § 44-7A-10 (2021)
2021 New Mexico Statutes|Chapter 44 - Miscellaneous Civil Law Matters|Article 7A - Uniform Arbitration|Section 44-7A-10 - Initiation of arbitration.

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought. (b) Unless a person objects for lack or insufficiency of notice under Section 16(c) [44-7A-16 NMSA 1978] not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice. History: Laws 2001, ch. 227, § 10. ANNOTATIONSCompiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001. Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Alternative Dispute Resolution § 177. 6 C.J.S. Arbitration § 76.