reglab/housing_qa huggingface dataset:
NM Stat § 38-1-6.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-6.1 - Process against foreign limited liability companies.

A. In all personal actions brought in any court of this state against any foreign limited liability company, process may be served upon any manager or statutory agent of the company, either personally or by leaving a copy of the process at his residence, or by leaving a copy at the registered office of the foreign limited liability company in this state. B. If no person has been designated by a foreign limited liability company doing business in this state as its statutory agent upon whom service of process can be made, or if upon diligent search neither the agent so designated nor any of the managers of the company can be found in this state, then, upon the filing of an affidavit by the plaintiff to that effect, together with service upon the secretary of state of two copies of the process in the cause, the secretary of state shall accept service of process as the agent of the foreign limited liability company, but the service is not complete until a fee of twenty-five dollars ($25.00) is paid to the secretary of state by the plaintiff in the action. The plaintiff shall provide the name of the person upon whom the summons and complaint is to be served and the last known address. C. Within two days after receipt of the process and fee, the secretary of state shall give notice by certified or registered mail, to the foreign limited liability company at its principal place of business outside this state of the service of the process. Where the secretary of state has no record of the principal place of business of the foreign limited liability company outside this state, he shall forward the copy of the process to the place designated as such company's principal office or as the office required to be maintained in the state or other jurisdiction of its organization in its application for registration to transact business in this state, or the most recent amendment of such application, but if no such application for registration has been filed in this state, to the place designated as such company's principal office in an affidavit filed with the secretary of state by the plaintiff in the suit or by his attorney. D. A foreign limited liability company served as provided in this section shall appear and answer within thirty days after the secretary of state gives the notice. The certificate of service shall not be issued by the secretary of state until the defendant is served with the summons and complaint. E. The secretary of state shall keep a record of all process served on him as provided for in this section, and of the time of the service and of his action in respect to the service. F. Any foreign limited liability company engaging in business in this state, either in its own name or in the name of an agent, without having first applied for registration or otherwise having become qualified to engage in business in this state shall be deemed to have consented to the provisions of this section. History: Laws 1993, ch. 280, § 76.
NM Stat § 38-1-7 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-7 - Purpose of act.

The purpose of this act [38-1-7 to 38-1-11 NMSA 1978] is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the legislature herein provides a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this statute, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Session, S. 340 [59 Stat. 33], which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states. History: 1941 Comp., § 19-311, enacted by Laws 1951, ch. 172, § 1; 1953 Comp., § 21-3-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For Public Law 15, 79th Congress, referred to in this section, see 15 U.S.C. §§ 1011 to 1015.
NM Stat § 38-1-9 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-9 - Defense of action by unauthorized insurer.

A. Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit or proceeding instituted against it, such unauthorized insurer shall [(1)] deposit with the clerk of the court in which such action, suit or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; or (2) procure a certificate of authority to transact the business of insurance in this state. B. The court in any action, suit or proceeding, in which service is made in the manner provided in Subsections [Subsection] B or C of Section 2 [38-1-8 NMSA 1978] may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of Subsection A of this section and to defend such action. C. Nothing in Subsection A of this section is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in Subsections [Subsection] B or C of Section 2 [38-1-8 NMSA 1978] hereof on the ground either (1) that such unauthorized insurer has not done any of the acts enumerated in Subsection A of Section 2 [38-1-8 NMSA 1978], or (2) that the person on whom service was made pursuant to Subsection C of Section 2 [38-1-8 NMSA 1978] was not doing any of the acts therein enumerated. History: 1941 Comp., § 19-313, enacted by Laws 1951, ch. 172, § 3; 1953 Comp., § 21-3-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 38-1-10 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-10 - Attorney fees.

In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half percent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars [($25.00)]. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. History: 1941 Comp., § 19-314, enacted by Laws 1951, ch. 172, § 4; 1953 Comp., § 21-3-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 38-1-11 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-11 - Short title.

This act [38-1-7 to 38-1-11 NMSA 1978] may be cited as the Unauthorized Insurers Process Act. History: 1941 Comp., § 19-315, enacted by Laws 1951, ch. 172, § 6; 1953 Comp., § 21-3-11.
NM Stat § 38-1-12 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-12 - Service against incapacitated.

Whenever there is a guardian of the estate or a guardian of the person of an incapacitated person, duly appointed by a court of competent jurisdiction of this state, every process against the incapacitated person shall be served upon either of the guardians in the manner as may be provided by law for service of process, including service by publication. Service of process so made shall be considered as proper service upon the protected person. In all other cases, process shall be served upon the protected person in the same manner as upon competent or sane persons. History: Laws 1935, ch. 60, § 10; 1939, ch. 40, § 1; 1941 Comp., § 19-307; 1953 Comp., § 21-3-12; 2009, ch. 159, § 12. ANNOTATIONSCompiler's notes. — This section was carried forward under Rule 1-004F(8) NMRA. Cross references. — For guardians ad litem generally, see 38-4-14 to 38-4-17 NMSA 1978. For suits against insane or incompetent persons, see 38-4-14 to 38-4-17 NMSA 1978. For incompetent persons as parties, see Rule 1-017C NMRA. The 2009 amendment, effective June 19, 2009, changed "insane or incompetent" to "incapacitated" and changed "ward" to "protected person".
NM Stat § 38-1-13 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-13 - [Notice of proceedings occurring prior to service of summons or appearance.]

Whenever any proceeding is to be had prior to service of summons or appearance, at least five days' notice thereof shall be given, unless otherwise ordered by the court, and it shall be served on the party himself, and proof thereof made in the manner provided for service and return of summons. History: Laws 1897, ch. 73, § 102; C.L. 1897, § 2685 (102); Code 1915, § 4184; C.S. 1929, § 105-706; 1941 Comp., § 19-308; 1953 Comp., § 21-3-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 38-1-15 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 1 - Process|Section 38-1-15 - [Pendency of suit; time within which process must be served; cancellation of lis pendens notice.]

For the purpose of the preceding section [38-1-14 NMSA 1978], it is considered that an action is pending from the time of filing such notice; provided, that such notice shall be of no value, unless it is followed by the service of such citations or process of citation, or by notice by publication to the defendant, as provided by law, within sixty days after such filing. And the court in which said action was commenced, may in its discretion, at any time after the action shall be settled, discontinue or revoke on application of any person injured, and for good cause shown, and under such notice as may be directed or approved by the court, order the notice authorized by the preceding section to be canceled by the county clerk of any county in whose office the same may have been filed, and such cancellation shall be made by an indorsement to that effect upon the filed notice which shall refer to the order. History: Laws 1873-1874, ch. 19, § 2; C.L. 1884, § 1854; C.L. 1897, § 2903; Code 1915, § 4262; C.S. 1929, § 105-1102; 1941 Comp., § 19-310; 1953 Comp., § 21-3-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Although this section speaks of filing a lis pendens notice, the 1959 amendment to 38-1-14 NMSA 1978 substituted references to recording for references to filing. Continuation of lis pendens after cancellation. — Regardless of the validity of a cancellation of a lis pendens established by a suit, the lis pendens continues until expiration of the time for appeal of the cancellation or until final disposition of the case by the appellate court. Salas v. Bolagh, 1987-NMCA-138, 106 N.M. 613, 747 P.2d 259. Am. Jur. 2d, A.L.R. and C.J.S. references. — New or successive notice of lis pendens in same or new action after loss or cancellation of original notice, 52 A.L.R.2d 1308. Lis pendens: grounds for cancellation prior to termination of underlying action, absent claim of delay, 49 A.L.R.4th 242.
NM Stat § 38-2-1 to 38-2-5 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 2 - Pleadings and Motions|Section 38-2-1 to 38-2-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 115, § 1, repealed 38-2-1 through 38-2-5 NMSA 1978, relating to the definition of "pleadings," stating evidence, presumptions of law or matters judicially noted in pleadings, depositing money in court and parties to written instruments, effective March 21, 1981.
NM Stat § 38-2-6 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 2 - Pleadings and Motions|Section 38-2-6 - [Name of defendant unknown.]

When the plaintiff shall be ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name or description, and when his true name is discovered, the pleading or proceeding may be amended accordingly. The plaintiff in such case must state in his complaint that he could not ascertain the true name, and the summons must contain the words, "real name unknown". History: Laws 1897, ch. 73, § 84; C.L. 1897, § 2685 (84); Code 1915, § 4166; C.S. 1929, § 105-609; 1941 Comp., § 19-406; 1953 Comp., § 21-4-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For amendment of pleadings generally, see Rule 1-015 NMRA
NM Stat § 38-2-8 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 2 - Pleadings and Motions|Section 38-2-8 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 115, § 1, repealed 38-2-7 and 38-2-8 NMSA 1978, relating to the loss or destruction of a written instrument and actions for libel or slander, respectively, effective March 21, 1981.
NM Stat § 38-2-10 to 38-2-22 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 2 - Pleadings and Motions|Section 38-2-10 to 38-2-22 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 115, § 1, repealed 38-2-10 through 38-2-22 NMSA 1978, relating to pleadings and motions, effective March 21, 1981.
NM Stat § 38-3-1.1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-1.1 - Jurisdiction of district courts.

All district courts have jurisdiction to review the action of any executive branch, agency or department in those cases in which a statute provides for judicial review. History: Laws 1988, ch. 8, § 2.
NM Stat § 38-3-2 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-2 - [Actions against municipality or board of county commissioners.]

All civil actions not otherwise required by law to be brought in the district court of Santa Fe county, wherein any municipality or board of county commissioners is a party defendant, shall be instituted only in the district court of the county in which such municipality is located, or for which such board of county commissioners is acting. History: Laws 1939, ch. 85, § 1; 1941 Comp., § 19-502; 1953 Comp., § 21-5-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section is one fixing venue and not jurisdiction. State ex rel. Bd. of Cnty. Comm'rs v. Board of Cnty. Comm'rs, 1954-NMSC-124, 59 N.M. 9, 277 P.2d 960). Declaratory action by city against village to determine authority over subdivision, platting and zoning of certain lands. — Venue in a declaratory suit by the city of Albuquerque against the village of Corrales and its mayor, to secure a determination of the city's authority over the subdivision, platting and zoning of lands lying within Bernalillo county within five miles of the city's boundary should have been laid in adjoining Sandoval county, where Corrales maintained all of its municipal offices and wherein all the territory it encompassed lay, except for lands which it had purportedly annexed, in Bernalillo county; the subdivision, platting and zoning authority of Albuquerque over the land in question was not an interest in land within the contemplation of Subsection D(1) of 38-3-1 NMSA 1978 and the applicable venue statute was this section. City of Albuquerque v. Village of Corrales, 1975-NMSC-043, 88 N.M. 185, 539 P.2d 205. Applicability to federal claims. — The venue provisions of this section applied to federal civil rights claims against board of county commissioners. Williams v. Board of Cnty. Comm'rs, 1998-NMCA-090, 125 N.M. 445, 963 P.2d 522, cert. denied, 125 N.M. 654, 964 P.2d 818. Am. Jur. 2d, A.L.R. and C.J.S. references. — Public officers, proceedings against, 48 A.L.R.2d 423. Change of venue as justified by fact that large number of inhabitants of local jurisdiction have interest adverse to party to state civil action, 10 A.L.R.4th 1046. 20 C.J.S. Counties § 260; 64 C.J.S. Municipal Corporations § 2203.
NM Stat § 38-3-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-4 - Change of venue by stipulation of parties.

In addition to the provisions for change of venue in Section 38-3-3 NMSA 1978, a change of venue from one county to another within the same judicial district may be ordered by a district judge in any civil or criminal proceeding in a district court if both parties stipulate in writing to that change. History: 1953 Comp., § 21-5-3.1, enacted by Laws 1961, ch. 129, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue § 52. 92 C.J.S. Venue § 137.
NM Stat § 38-3-6 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-6 - [Second change of venue not matter of right.]

A second change of venue shall not be allowed in any civil or criminal case, as a matter of right, but shall be within the discretion of the court. History: Laws 1880, ch. 6, § 10; C.L. 1884, § 1834; C.L. 1897, § 2880; Code 1915, § 5572; C.S. 1929, § 147-107; 1941 Comp., § 19-505; 1953 Comp., § 21-5-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Standard of proof. — The parameters found in Section 38-3-3A(2) NMSA 1978 which indicate that a fair trial cannot be had, that apply to a first change of venue apply to a second change of venue. The trial court should apply a reasonable probability standard of proof when balancing conflicting claims regarding the likelihood of a fair trial in a particular venue. Proof of actual prejudice is not required. State v. House, 1999-NMSC-014, 127 N.M. 151, 978 P.2d 967, cert. denied, 528 U.S. 894, 120 S.Ct. 222, 145 L.Ed. 2d 186 (1999). Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue § 50. Adequacy of defense counsel's representation of criminal client regarding venue and recusation matters, 7 A.L.R.4th 942. 92 C.J.S. Venue §§ 136, 211.
NM Stat § 38-3-7 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-7 - County to which case may be removed.

In all cases where a change of venue is granted, the case shall be removed to another county within the same judicial district unless the remaining counties are subject to exception, or unless the change of venue is ordered upon any of the grounds relating to the judge. Under these circumstances, the case shall be removed to some county of the nearest judicial district which is free from exception. History: Laws 1889, ch. 77, § 3; C.L. 1897, § 2883; Code 1915, § 5575; C.S. 1929, § 147-108; 1941 Comp., § 19-506; 1953 Comp., § 21-5-6; Laws 1965, ch. 187, § 2. ANNOTATIONSCompiler's notes. — When this section was enacted in 1889, it contained in the first sentence following "judicial district" the words "or to the district court of such judicial district sitting for the trial of cases arising under the constitution and laws of the United States, which court is hereby given jurisdiction to try and determine all cases so removed." In Lincoln-Lucky & Lee Mining Co. v. District Court, 7 N.M. 486, 38 P. 580 (1894), the territorial supreme court held this section "null and void insofar as it attempts to confer an abstract power upon a court which had been deprived by absolute legal statutory enactment as well as by necessary implication and operation of law, of jurisdiction in territorial causes." The basis was that under U.S. Rev. jurisdictions could be divided and by Laws 1889, ch. 6, they were divided, and only congress could restore the prior status to the court which it had created, and in addition that the section depended upon the Jury Act of 1889 (ch. 96) which had been held in conflict with the Springer Act and "fell with it." The section was included in its original form as Comp. Laws 1897, § 2883 and was not corrected until compiled in the Code of 1915. Cross references. — For objection by parties to change of venue generally, see 38-3-3 NMSA 1978. County within the same judicial district was not subject to exception. — Where defendant was charged with first-degree murder for a murder that occurred in Curry county, defendant sought a change of venue to a county outside the ninth judicial district, and defendant failed to adduce any evidence in support of defendant's claim that defendant could not obtain a fair trial in Roosevelt county which was within the ninth judicial district, failed to file any affidavits, failed to admit any media articles, and failed to submit any juror questionnaires exhibiting bias or prejudice, the evidence was insufficient to establish that Roosevelt county was subject to exception and the trial court properly ordered that venue be removed to Roosevelt county. State v. Salas, 2010-NMSC-028, 148 N.M. 313, 236 P.3d 32. When the venue in a criminal case is changed at the instance of the accused, he will not be heard to question its regularity after selecting for himself the place of trial. State v. Balles, 1918-NMSC-054, 24 N.M. 16, 172 P. 196. Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue §§ 88, 89. 92 C.J.S. Venue § 197.
NM Stat § 38-3-8 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-8 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 52, § 2 repealed 38-3-8 NMSA 1978, as enacted by Laws 1889, ch. 77, § 4, relating to change after first term, effective March 19, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 38-3-11 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 3 - Venue; Change of Judge|Section 38-3-11 - Costs paid by county of origin.

Whenever a change of venue is granted, all costs in civil and criminal cases shall be paid from the court fund of the county in which the case originated. History: 1953 Comp., § 21-5-10, enacted by Laws 1965, ch. 187, § 3.
NM Stat § 38-4-1 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-1 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 115, § 1, repealed 38-4-1 NMSA 1978, as enacted by Laws 1907, ch. 76, § 1, relating to representation of numerous parties with a common or general interest by one or more of such parties, effective March 21, 1981.
NM Stat § 38-4-4 (2021)
2021 New Mexico Statutes|Chapter 38 - Trials|Article 4 - Parties|Section 38-4-4 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 115, § 1, repealed 38-4-4 NMSA 1978, as enacted by Laws 1897, ch. 73, § 105, relating to actions against two or more defendants jointly or severally liable on a contract, effective March 21, 1981.