reglab/statecodes huggingface dataset:
2023 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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".
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 2 - Pleadings and Motions › Section 38-2-1 to 38-2-5 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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
2023 New Mexico Statutes › Chapter 38 - Trials › Article 2 - Pleadings and Motions › Section 38-2-8 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 2 - Pleadings and Motions › Section 38-2-10 to 38-2-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 115, § 1, repealed 38-2-10 through 38-2-22 NMSA 1978, relating to pleadings and motions, effective March 21, 1981.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
77 Am. Jur. 2d Venue § 52.
92 C.J.S. Venue § 137.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 3 - Venue; Change of Judge › Section 38-3-8 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 4 - Parties › Section 38-4-1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 4 - Parties › Section 38-4-4 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For age of majority,
see
28-6-1 NMSA 1978.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-3.1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-4 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Cross 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".
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 107, § 11 made Laws 2005, ch. 107, § 2 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-6 to 38-5-9 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 107, § 11 made Laws 2005, ch. 107, § 3 effective July 1, 2005.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 5 - Drawing and Empaneling Jurors › Section 38-5-12 - Petit jury panels; number to be qualified; period of service; time for summoning.

A. The judge shall determine the number of jurors to be summoned for service, the date and time for the appearance of jurors for qualification, the number of jurors to be qualified to provide panels of jurors for trial service and the size of trial jury panels. Procedures such as the use of alternate jury panels should be established where appropriate to lessen the burden of jury service on persons retained on petit jury panels. Jurors may be drawn, summoned and qualified by the judge at any time to supplement jury panels requiring replacement or augmentation. Petit jury panels may be qualified and may serve as the trial needs of the court require without regard to court terms.
B. The supreme court shall establish, by rule, the appropriate length of jury terms. The court shall consider the number of trials held, the availability of jurors and the administrative and financial impact.
History:
1953 Comp., § 19-1-12, enacted by Laws 1969, ch. 222, § 12; 1970, ch. 40, § 2; 1971, ch. 136, § 1; 1977, ch. 382, § 1; 1979, ch. 173, § 2; 2005, ch. 107, § 8.
ANNOTATIONS
The 2005 amendment,
effective July 1, 2005, eliminated in Subsection A the requirement that judges determine the length of time jurors are retained for service, the limitation of time a juror may be required to service on a jury panel, and the exemption for jury service of persons who have service on a jury within the preceding thirty-six months; and added a new Subsection B to require the supreme court to establish the length of jury terms.
Section authorizes district judge, with time limitations, to determine the length of time jurors are retained
for service.
State v. Gonzales
, 1971-NMCA-007, 82 N.M. 388, 482 P.2d 252, cert. denied, 82 N.M. 377, 482 P.2d 241 (decided under prior law).
Term of service of jurors is to be determined by the district judge and may differ from the term of the court.
1969 Op. Att'y Gen. No. 69-52 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
47 Am. Jur. 2d Jury § 186 et seq.
Irregularity in drawing names for a jury panel as ground of complaint by a defendant in a criminal prosecution, 92 A.L.R. 1109.
Petit jury: prior service on grand jury which considered indictment against accused as disqualification for service on petit jury, 24 A.L.R.3d 1236.
Validity of statutory classifications based on population - jury selection statutes, 97 A.L.R.3d 434.
Excusing, on account of public, charitable, or educational employment, one qualified and not specifically exempted as juror in state criminal case as ground of complaint by accused, 99 A.L.R.3d 1261.
50 C.J.S. Juries § 164 et seq.