reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-11 - [Oath of appraisers.]

The appraisers shall take and subscribe an oath annexed to such appraisements, to the effect that the property mentioned in the schedule is, to the best of their judgment, worth the sums specified therein, that the same is the fair cash value thereof at the time, exclusive of liens and encumbrances; which oath the sheriff is authorized to administer and attest when taken and subscribed by the appraisers.
History:
Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 27; C.L. 1884, § 2177; C.L. 1897, § 3125; Code 1915, § 2208; C.S. 1929, § 46-119; 1941 Comp., § 21-211; 1953 Comp., § 24-2-11.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-12 - [Unsold property; return.]

When any property levied on remains unsold, it shall be the duty of the sheriff, when he returns the execution, to return the appraisement therewith, stating in his return the failure to sell, and the cause of the failure.
History:
Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 29; C.L. 1884, § 2179; C.L. 1897, § 3127; Code 1915, § 2210; C.S. 1929, § 46-121; 1941 Comp., § 21-212; 1953 Comp., § 24-2-12.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-13 - [Lien continues; alias writ.]

The lien of the levy upon the property shall continue until the debt is paid, and the clerk, unless otherwise directed by the plaintiff, shall forthwith issue another execution, reciting the return of the former execution, the levy and failure to sell, and directing the sheriff to satisfy the judgment out of the property unsold, if the same is sufficient, if not, then out of any other property of the debtor, subject to execution.
History:
Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 30; C.L. 1884, § 2180; C.L. 1897, § 3128; Code 1915, § 2211; C.S. 1929, § 46-122; 1941 Comp., § 21-213; 1953 Comp., § 24-2-13.
ANNOTATIONS
Lien on personalty created by levy.
— New Mexico follows the general law that a lien on personalty is created as the result of a levy under a writ of execution.
Von Segerlund v. Dysart
, 137 F.2d 755 (9th Cir. 1943).
New lien with each levy.
— Examination of the entire chapter in which this section appears makes it clear that the "property" referred to means personalty as well as realty, and that each levy creates a new lien upon the property affected by it.
Von Segerlund v. Dysart
, 137 F.2d 755 (9th Cir. 1943).
Bankruptcy.
— Lien on real estate having been obtained more than four months preceding filing of involuntary petition in bankruptcy against alleged insolvent debtor, an alias levy on debtor's personalty within the four months' period created a lien, the debtor's acquiescence therein being "an act of bankruptcy" authorizing an involuntary adjudication.
Von Segerlund v. Dysart
, 137 F.2d 755 (9th Cir. 1943).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-14 - [Reoffer of unsold property; costs; revaluation.]

Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the same to be reoffered at any time before the return day of the execution, at his cost, as often as he may direct, but in case of the sale of the property, the costs of such offer and sale shall be taxed against the defendant; each party may have one revaluation of the property, at his costs, after the first offer to sell.
History:
Laws 1856-1857, p. 68; C.L. 1865, ch. 34, § 31; C.L. 1884, § 2181; C.L. 1897, § 3129; Code 1915, § 2212; C.S. 1929, § 46-123; 1941 Comp., § 21-214; 1953 Comp., § 24-2-14.
ANNOTATIONS
Law reviews.
— For article, "Judicial Adoption of Comparative Fault in New Mexico: The Time Is at Hand," see 10 N.M.L. Rev. 3 (1979-80).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Steps to be taken by officer before resale upon default of purchaser at judicial or execution sale, 24 A.L.R. 1330.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-15 - [Foreclosure; lien claimed by deceased; making unknown heirs and devisees parties defendant.]

In all actions brought for the foreclosure of any real estate mortgage or deed of trust where the plaintiff alleges in his complaint that any person who is now deceased, during his lifetime, claimed a lien upon the real estate described in said mortgage or trust deed and further alleges either that there has been no administration of such decedent's estate, or that the plaintiff is unable to ascertain the names, residences and whereabouts of the heirs, devisees or legatees of such deceased person he may make such unknown heirs, legatees and devisees of any such deceased person parties defendant to said cause under the name, style and designation of "unknown heirs, devisees, or legatees, of (here insert name of deceased person), deceased"; and service of process on and notice of said suit against such defendants shall be made as provided by law and the rules of court.
History:
Laws 1937, ch. 134, § 1; 1941 Comp., § 21-216; 1953 Comp., § 24-2-16.
ANNOTATIONS
Cross references.
— For rule of procedure relating to service of process,
see
Rule 1-004 NMRA.
Applicability of article.
— While 39-5-1 to 39-5-3 and 39-5-15 to 39-5-23 NMSA 1978 apply generally to foreclosures, 39-5-5 to 39-5-13 NMSA 1978 apply only to sales and levies under writs of execution.
Armstrong v. Csurilla
, 1991-NMSC-081, 112 N.M. 579, 817 P.2d 1221.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.
59 C.J.S. Mortgages § 630.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-16 - Foreclosure after March 15; growing crops.

In cases of mortgage foreclosures of property on which there is a growing crop and when the proceeding has been commenced after March 15 of any year, the mortgagor shall not be dispossessed by any means whatsoever until the crop has been fully harvested, and the mortgagor shall be entitled to retain the crops; provided, however, that the mortgage instrument may provide otherwise.
History:
Laws 1934 (S.S.), ch. 26, § 1; 1941 Comp., § 21-217; 1953 Comp., § 24-2-17; 1991, ch. 229, § 1.
ANNOTATIONS
Cross references.
— For right of purchaser upon redemption to growing crops,
see
39-5-22 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, added the catchline; substituted "mortgagor" for "mortgagee"; inserted "the mortgagor"; and made stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425, 113 A.L.R. 1355.
Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.
59 C.J.S. Mortgages § 313.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-17 - Time for sale under judgment or decree of foreclosure; avoidance of sale.

No real property shall be sold under any judgment or decree of court foreclosing any mechanic's or materialman's lien, mortgage, mortgage deed, trust deed or any other written instrument which may operate as a mortgage, until thirty days after the date of entry thereof, within which time the then owner of the real estate, his heirs, personal representatives, assigns or any junior lienholder may pay off the judgment or decree and avoid the sale by depositing in the office of the clerk of the district court in which the judgment, decree or order was entered the amount necessary to make payment thereof, including accrued interest and costs of suit.
History:
Laws 1931, ch. 149, § 1; 1941 Comp., § 21-218; 1953 Comp., § 24-2-18; Laws 1971, ch. 88, § 1.
ANNOTATIONS
Cross references.
— For provision making redemption unavailable after foreclosure of lien on oil and gas wells or pipe-lines,
see
70-4-8 NMSA 1978.
Redemption period.
— Construing the provisions of this section and 39-5-18 NMSA 1978 together, it is apparent that a person entitled to redeem is given at least 11 months (now 10 months) from the date of the foreclosure judgment within which to redeem.
Springer Corp. v. Kirkeby-Natus
, 1969-NMSC-045, 80 N.M. 206, 453 P.2d 376.
Time of advertising.
— Section 3938, 1897 C.L., which prohibited the sale of real property under or by any order, judgment or decree of any court until 90 days after its date, within which time the mortgagor or any one for him might pay off the decree and avoid the sale, nowhere provided that the advertisement of such sale should not begin until after expiration of the 90 days, and in case of foreclosed property, which was properly advertised and not sold until after expiration of 90 days' stay allowed by law, such sale was legal and valid, but expenses of advertising notices were unnecessary and could not be allowed where sale was avoided by payment of such decree.
Neher v. Crawford
, 1901-NMSC-007, 10 N.M. 725, 65 P. 156.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 473 et seq.
Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.
56 C.J.S. Mechanic's Liens § 421; 59 C.J.S. Mortgages § 726.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-19 - Application; shorter redemption period.

This section and Section 39-5-18 NMSA 1978 do not apply to any foreclosure sale made before the effective date of this section. The parties to any such instrument may, by its terms, shorten the redemption period to not less than one month, but the district court may in such cases, upon a sufficient showing before judgment that redemption will be effected, increase the period of redemption to not to exceed nine months notwithstanding the terms of such instrument.
History:
1953 Comp., § 24-2-19.1, enacted by Laws 1957, ch. 109, § 2; 1965, ch. 224, § 1.
ANNOTATIONS
Computation of redemption period.
A calendar month runs from the date of the court order triggering the right of redemption to the corresponding date of the subsequent month; this rule corresponds to the preference expressed in 12-2A-7C NMSA 1978 (enacted after this section), conforms with the requirements of Rule 1-006A NMRA governing court orders, and is consistent with the common understanding of when a one-month period, beginning on a certain date, will expire. U.S. Bank Nat'l Ass'n v. Martinez, 2003-NMCA-151, 134 N.M. 665, 81 P.3d 608, cert. denied, sub nom.
Bustos v. Haldeman
, 2003-NMCERT-003, 135 N.M. 51, 84 P.3d 668.
Extension of redemption period.
— There are two situations in which a court will use its equitable powers to grant a debtor an extension of the redemption period. In the first type of situation, the debtor fulfills all of the requirements of the redemption statute, but redemption is not complete because of a clerical error or technical mix-up. In the second type of situation, courts look for evidence of fraud, deceit, or collusion to justify the grant of a redemption period extension.
Brown v. Trujillo
, 2004-NMCA-040, 135 N.M. 365, 88 P.3d 881, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603.
Reduction of redemption period.
— Although the legislature initially granted a nine-month period of redemption for junior lienholders, the legislature also intended to give the parties to the instrument being foreclosed the power to reduce the statutory period to not less than one month by entering into a written agreement contained in the instrument being foreclosed.
Sun Country Sav. Bank v. McDowell
, 1989-NMSC-043, 108 N.M. 528, 775 P.2d 730.
The 30-day time limit set by 39-1-1 NMSA 1978
for the court's ruling on a motion does not apply to a petition for a certificate of redemption.
Crown Life Ins. Co. v. Candlewood, Ltd.
, 1991-NMSC-090, 112 N.M. 633, 818 P.2d 411.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 55 Am. Jur. 2d Mortgages § 900.
Constitutionality of statute extending period for redemption from judicial or tax sale, or sale upon mortgage foreclosure, 1 A.L.R. 143, 38 A.L.R. 229, 89 A.L.R. 966.
59 C.J.S. Mortgages § 845.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-20 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 61, § 25 repeals 39-5-20 NMSA 1978, as enacted by Laws 1931, ch. 149, § 3, relating to redemption of real property sold under power of sale in an instrument, effective June 19, 1987. For provisions of former section,
see
NMOneSource.com.
For present comparable provisions,
see
39-5-18 NMSA 1978.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-22 - [Rights of purchaser upon redemption; growing crops; rents and profits; waste.]

Whenever any property shall be redeemed under the terms or provisions of any section of this act [39-5-17 to 39-5-23 NMSA 1978], the purchaser, his personal representatives or assigns shall have the growing crops upon such lands and shall not be responsible for rents and profits, but shall account only for waste.
History:
Laws 1931, ch. 149, § 5; 1941 Comp., § 21-222; 1953 Comp., § 24-2-22.
ANNOTATIONS
Cross references.
— For retention of growing crops where foreclosure commences after March 15,
see
39-5-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 447 et seq.
Crops: right in respect of crops grown during period of redemption after judicial or execution sale, 66 A.L.R. 1420.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 5 - Sales Under Execution and Foreclosure › Section 39-5-23 - Duty to record redemption.

A. In all cases of redemption of lands from sale pursuant to the provisions of Sections 39-5-17 through 39-5-23 NMSA 1978:
(1) if the redemption is by payment to the purchaser, it is the duty of the purchaser within forty-five days of receiving payment to create an acknowledged instrument in writing evidencing the redemption; or
(2) if the redemption is by making deposit in the office of the clerk of the district court upon approval of the redemption by the district judge, it is the duty of the clerk of the court to create under the seal of the court an instrument evidencing the redemption.
B. It is the duty of the party redeeming to record the instrument evidencing the redemption in the office of the county clerk in the same manner as other instruments of writing affecting title to real estate.
History:
Laws 1931, ch. 149, § 6; 1941 Comp., § 21-223; 1953 Comp., § 24-2-23; 2013, ch. 214, § 12.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for the preparation and filing instruments of redemption; added the title; in Subsection A, in the introductory sentence, after "lands from sale", deleted "under the terms and" and added "pursuant to", after "provisions of" deleted "Section 39-5-17", and language that required the preparation and filing of instruments of redemption and payment of a filing fee, and added "Sections 39-5-17 through 39-5-23 NMSA 1978"; added Paragraphs (1) and (2) of Subsection A; and added Subsection B.
Payment cannot be conditioned.
— This section does not indicate that a debtor or its financier can condition the payment to the purchaser required by 39-5-18 A(1) NMSA 1978 upon this section's previous or contemporaneous satisfaction.
Brown v. Trujillo
, 2004-NMCA-040, 135 N.M. 365, 88 P.3d 881, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603.
By conditionally tendering money to purchaser and then filing petition without cash deposit
with the trial court, debtor did not substantially comply with either procedure the legislature has created.
Brown v. Trujillo
, 2004-NMCA-040, 135 N.M. 365, 88 P.3d 881, cert. denied, 2004-NMCERT-004, 135 N.M. 562, 91 P.3d 603.
Applicability to extrajudicial redemption procedure.
— The requirement of this section for recordation of redemption applies to extra-judicial redemption procedure authorized under 39-5-18 NMSA 1978.
W. Bank v. Malooly
, 1995-NMCA-044, 119 N.M. 743, 895 P.2d 265.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 59 C.J.S. Mortgages § 852.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 6 - Levy and Sale of Livestock › Section 39-6-1 - [Levy on range cattle; gathering; filing, noting, indexing, copy of writ.]

Whenever it shall be necessary to levy any writ of attachment, replevin or execution under the laws of this state upon any livestock or herd of cattle that are ranging at large with other livestock or cattle over any range country, and when it would be impossible or impracticable to round up, gather or take possession of the same under such process without, at the same time, rounding up and cutting out the livestock belonging to other owners, then and in such case, the sheriff or other officer holding such writ, shall only take possession of such stock as he may be able to get without interfering with the livestock of other owners, and as to the balance, it shall be sufficient, in order to subject them to the lien of said writ, that the officer shall file with the county clerk of the county in which the brand of such livestock is recorded, a certified copy of said writ, and immediately upon the filing thereof the county clerk shall note the same in the reception book of his office, and shall also note the same in red ink on the margin of the page of the book where such brand is recorded, and shall properly index the process in the general and other proper indices of his office: provided, that if said livestock range is in more than one county, then the officer may file a like certified copy of the writ and brand in any such county, and the same shall have like binding effect as a lien upon such livestock.
History:
Laws 1889, ch. 54, § 1; C.L. 1897, § 3132; Code 1915, § 4533; C.S. 1929, § 106-104; 1941 Comp., § 21-401; 1953 Comp., § 24-4-1.
ANNOTATIONS
Cross references.
— For provisions relating to execution,
see
39-4-1 NMSA 1978 et seq.
For provisions relating to replevin,
see
42-8-1 NMSA 1978 et seq.
For attachments,
see
42-9-1 NMSA 1978 et seq.
Other cattle.
— It is probable that the legislature intended that it would be necessary to gather such number of stock belonging to other owners as would do them some substantial injury or damage, before the prohibition under this section against gathering other cattle would apply.
Schofield v. Territory ex rel. Am. Valley Co.
, 1899-NMSC-004, 9 N.M. 526, 56 P. 306, appeal dismissed, 20 S. Ct. 1029, 44 L. Ed. 1222 (1900).
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 Am. Jur. 2d Attachment and Garnishment §§ 97, 296; 30 Am. Jur. 2d Executions § 254.
7 C.J.S. Attachment §§ 180, 181; 33 C.J.S. Executions § 97; 77 C.J.S. Replevin § 46 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 6 - Levy and Sale of Livestock › Section 39-6-2 - [Effect of filing, noting, indexing, copy of writ.]

Such process, when so filed, noted and indexed, shall have all the binding force as a lien upon said livestock, as if the same had been levied against said livestock upon the range and the officer had taken possession of the same. Upon the next roundup after such levy, and at all times after such levy until such writ is satisfied, all persons coming into possession of any such livestock shall treat said officer as the owner thereof.
History:
Laws 1889, ch. 54, § 2; C.L. 1897, § 3133; Code 1915, § 4534; C.S. 1929, § 106-105; 1941 Comp., § 21-402; 1953 Comp., § 24-4-2.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 6 - Levy and Sale of Livestock › Section 39-6-3 - [Disposing of or killing livestock levied upon; larceny; penalty.]

After the filing, noting and indexing of such process in the office of the county clerk, as aforesaid, if any person or persons, including the defendant or defendants in such process, shall sell, drive away, dispose of or kill or butcher any of said livestock so levied upon, or shall attempt to sell, drive away, dispose of, kill, or butcher, any of said livestock, or shall gather or round up any of said stock with intent in any way to defeat the levy of said writ, he or they, shall be deemed guilty of grand larceny, and on conviction thereof, shall be subject to a fine of not less than two hundred dollars [($200)], nor more than one thousand dollars [($1,000)], or to imprisonment for not less than one year, or more than two years, in the discretion of the jury trying the case.
History:
Laws 1889, ch. 54, § 3; C.L. 1897, § 3134; Code 1915, § 4535; C.S. 1929, § 106-106; 1941 Comp., § 21-403; 1953 Comp., § 24-4-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For larceny generally,
see
30-16-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 6 - Levy and Sale of Livestock › Section 39-6-4 - [Sale of stock levied upon; recording satisfaction of writ.]

Any livestock taken under any process, as provided in the foregoing section [sections] [39-6-1 to 39-6-3 NMSA 1978], shall be disposed of by the sheriff, or officer, as provided by law: provided, that in the case of a levy of a writ of execution, under the three preceding sections [39-6-1 to 39-6-3 NMSA 1978], the officer shall forthwith proceed to sell any livestock so levied upon, as now provided by law, in lots, from time to time as he may come into possession of the same, until the writ is satisfied. And upon such writ being satisfied he shall at once enter satisfaction thereof, in all cases, upon the margin of the record aforesaid, where such brand is recorded, and shall indorse [endorse] such satisfaction upon all process filed as aforesaid.
History:
Laws 1889, ch. 54, § 4; C.L. 1897, § 3135; Code 1915, § 4536; C.S. 1929, § 106-107; 1941 Comp., § 21-404; 1953 Comp., § 24-4-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For judicial sales under execution,
see
39-5-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-1 - Short title.

This act [39-7-1 to 39-7-13 NMSA 1978] may be cited as the "Uniform Certification of Questions of Law Act".
History:
Laws 1997, ch. 8, § 1.
ANNOTATIONS
Law reviews.
— For article, "Certification and Removal: Practice and Procedures," see 31 N.M.L. Rev. 161 (2001).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-2 - Definitions.

As used in the Uniform Certification of Questions of Law Act:
A. "state" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States; and
B. "tribe" means a tribe, band or village of Native Americans that is recognized by federal law or formally acknowledged by a state.
History:
Laws 1997, ch. 8, § 2.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-4 - Power to answer.

The supreme court of this state may answer a question of law certified to it by a court of the United States or by an appellate court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if the answer may be determinative of an issue in pending litigation in the certifying court and there is no controlling appellate decision, constitutional provision or statute of this state.
History:
Laws 1997, ch. 8, § 4.
ANNOTATIONS
Novel and untested questions.
— The certification of a question to the New Mexico supreme court regarding the stacking of uninsured and underinsured motorist coverage would be inappropriate because question did not present a question that was novel or untested by New Mexico courts. Bonham v. Indem. Ins. Co. of N. Am., 507 F.Supp. 2d 1196 (D.N.M 2007).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-6 - Certification order; record.

The court certifying a question of law to the supreme court of this state shall issue a certification order and forward it to the supreme court of this state. Before responding to a certified question, the supreme court of this state may require the certifying court to deliver all or part of its record to the supreme court of this state.
History:
Laws 1997, ch. 8, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-7 - Contents of certification order.

A. A certification order must contain:
(1) the question of law to be answered;
(2) the facts relevant to the question, showing fully the nature of the controversy out of which the question arose;
(3) a statement acknowledging that the supreme court of this state, acting as the receiving court, may reformulate the question; and
(4) the names and addresses of counsel of record and parties appearing without counsel.
B. If the parties cannot agree upon a statement of facts, the certifying court shall determine the relevant facts and state them as part of its certification order.
History:
Laws 1997, ch. 8, § 7.
ANNOTATIONS
Mineral lessee's implied surface right of reasonable ingress and egress to reach well located inside production unit
that the lessee is operating pursuant to a pooling arrangement extends across lease boundaries within the unit to the surface of the entire area subject to the arrangement, regardless of where within the unit production is taking place.
Eden v. Voss
, 105 Fed. Appx. 234 (10th Cir. 2004).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-8 - Notice; response.

The supreme court of this state, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable.
History:
Laws 1997, ch. 8, § 8.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-9 - Procedures.

After the supreme court of this state has accepted a certified question, proceedings are governed by the rules and statutes governing briefs, arguments and other appellate procedures. Procedures for certification from this state to a receiving court are those provided in the rules and statutes of the receiving forum.
History:
Laws 1997, ch. 8, § 9.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-10 - Opinion.

The supreme court of this state shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record and parties appearing without counsel.
History:
Laws 1997, ch. 8, § 10.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-11 - Cost of certification.

Fees and costs are the same as in civil appeals docketed before the supreme court of this state and must be equally divided between the parties, unless otherwise ordered by the certifying court.
History:
Laws 1997, ch. 8, § 11.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-12 - Severability.

If any provision of the Uniform Certification of Questions of Law Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
History:
Laws 1997, ch. 8, § 12.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 7 - Uniform Certification of Questions of Law › Section 39-7-13 - Uniformity of application and construction.

The Uniform Certification of Questions of Law Act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of that act among states enacting it.
History:
Laws 1997, ch. 8, § 13.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-3 - Ceremony by religious society.

It is lawful for any religious society or federally recognized Indian nation, tribe or pueblo to solemnize marriage conformably with its rites and customs, and the secretary of the society or the person authorized by the society or federally recognized Indian nation, tribe or pueblo shall make and transmit a transcript to the county clerk certifying to the marriages solemnized.
History:
Laws 1862-1863, p. 66; C.L. 1865, ch. 75, § 8; C.L. 1884, § 984; C.L. 1897, § 1421; Code 1915, § 3428; C.S. 1929, § 87-104; 1941 Comp., § 65-103; 1953 Comp., § 57-1-3; Laws 1983, ch. 193, § 2; 1989, ch. 78, § 2; 2013, ch. 144, § 3.
ANNOTATIONS
Compiler's notes.
— As originally enacted, this section also contained the words: "and it shall be the duty of said clerk to record said marriages in the same manner as provided for in the foregoing section, and in case said society or the secretary or the person president thereof fail to comply with the provisions hereof, the same shall incur the penalty provided in the fifth section of this act, which shall be recovered in the same manner as is prescribed in said section." That provision was deleted by the 1915 Code compilers as impliedly repealed by Laws 1905, ch. 65, § 4 (40-1-15 NMSA 1978).
The 2013 amendment,
effective June 14, 2013, provided for the solemnization of marriage pursuant to the rites and customs of Indian nations, tribes of pueblos; after "recognized Indian", changed "tribe" to "nation, tribe or pueblo"; after "or pueblo to", deleted "celebrate" and added "solemnize"'; after "society or the person", deleted "presiding over" and added "authorized by"; and after "recognized Indian", deleted "tribe" and added "nation, tribe or pueblo".
The 1989 amendment,
effective June 16, 1989, twice inserted "or federally recognized Indian tribe", and made minor stylistic changes.
Lack of evidence of license does not rebut presumption of marriage.
— Mere lack of evidence of a record of the issuance of a license or of a ceremonial marriage is not sufficient to rebut the presumption of a ceremonial marriage.
Trower v. Board of Cnty. Comm'rs
, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109,
overruled on other grounds by
Panzer v. Panzer
, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-5 - Repealed.

History:
Laws 1862-1863, p. 64; C.L. 1865, ch. 75, § 3; C.L. 1884, § 979; C.L. 1897, § 1416; Code 1915, § 3427; Laws 1923, ch. 100, § 1; C.S. 1929, § 87-103; 1941 Comp., § 65-105; 1953 Comp., § 57-1-5; Laws 1973, ch. 51, § 1; 1975, ch. 32, § 1; 1978 Comp., § 40-1-5, repealed by Laws 2013, ch. 144, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 144, § 14 repealed 40-1-5 NMSA 1978, as enacted by Laws 1862-1863, p. 64, relating to consent of parent or guardian for minor to marry, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-7 - Incestuous marriages.

All marriages between relations and children, including grandparents and grandchildren of all degrees; between brothers and sisters of full blood or of half blood; between uncles and nieces; and between aunts and nephews are declared incestuous and absolutely void.
History:
Laws 1876, ch. 31, § 1; C.L. 1884, § 992; C.L. 1897, § 1425; Code 1915, § 3430; C.S. 1929, § 87-106; 1941 Comp., § 65-107; 1953 Comp., § 57-1-7; 2013, ch. 144, § 5.
ANNOTATIONS
Compiler's notes.
— Prior to Comp. Laws 1884, this section contained the words "and first cousins" following the word "nephews." Those words were deleted to accord with Laws 1880, ch. 37, § 1, which repealed "such parts of all laws as prohibit the marriage of cousins of any degree."
The 2013 amendment,
effective June 14, 2013, defined incestuous marriages, added the title of the section; at the beginning of the section, deleted "Sec. 6"; after "children, including", deleted "grandfathers" and added "grandparents"; after "all degrees; between", deleted "half"; after "brothers and sisters", deleted "as also"; after "of full blood", added "or of half blood"; after "uncles and nieces" added "and between"; and deleted the former second sentence, which extended the section to illegitimate children to legitimize them.
Marriage valid where celebrated.
— New Mexico's public policy against incest did not preclude the district court from awarding a mother primary physical custody of her children, after taking into account her plans to marry her uncle, where that choice was in the best interests of the children, and mother and uncle intended to reside in California.
Leszinske v. Poole
, 1990-NMCA-088, 110 N.M. 663, 798 P.2d 1049, cert. denied, 110 N.M. 533, 797 P.2d 983.
Law reviews.
— For article, "Annulment of Marriages in New Mexico: Part II - Proposed Statute," see 2 Nat. Resources J. 270 (1962).
For article, "New Mexico's 1969 Criminal Abortion Law," see 10 Nat. Resources J. 591 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
41 Am. Jur. 2d Incest §§ 1, 7.
Incestuous marriage, attack after death of party, 47 A.L.R.2d 1393.
55 C.J.S. Marriage § 16.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-8 - Repealed.

History:
Laws 1876, ch. 31, § 3; C.L. 1884, § 994; C.L. 1897, § 1427; Code 1915, § 3432; C.S. 1929, § 87-108; 1941 Comp., § 65-108; 1953 Comp., § 57-1-8; 1978 Comp., § 40-1-8, repealed by Laws 2013, ch. 144, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 144, § 14 repealed 40-1-8 NMSA 1978, as enacted by Laws 1876, ch. 31, § 3, relating to contracting or performing ceremony for unlawful marriage, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-11 - Fees; disposition.

The county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust fund.
History:
1953 Comp., § 57-1-10.1, enacted by Laws 1957, ch. 33, § 1; 1977, ch. 253, § 64; 1979, ch. 131, § 1; 1985, ch. 52, § 1; 1986, ch. 15, § 10; 2013, ch. 144, § 8.
ANNOTATIONS
Cross references.
— For county clerks,
see
N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
For the state treasurer,
see
N.M. Const., art. V, § 1 and 8-6-1 NMSA 1978.
For county treasurers,
see
Chapter 4, Article 43 NMSA 1978.
For the department of health,
see
Chapter 9, Article 7 NMSA 1978.
For the secretary of health,
see
9-7-5 NMSA 1978.
For the children's trust fund,
see
Chapter 24, Article 19 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, eliminated the requirement that applicants for a marriage license file physicians' certifications; in the title, deleted "Certificate required" and added "Fees; disposition"; deleted former Subsection A, which required that applicants for a marriage license file physicians' certifications that they have had all tests and examinations required by the health and environment department; deleted former Subsection B, which required the health services division to provide a form of certification; deleted former Subsection C, which required the health and environment department to make rules and employ personnel necessary to enforce the certification requirements; and deleted former Subsection D, which permitted county clerks to accept certifications from other states with a premarital law.
Premarital blood tests to be made at any laboratory.
— Clearly the statute authorizes the performance of premarital blood tests at any laboratory approved by the department of health and is not confined in its operation to laboratories operated directly by the department. 1958 Op. Att'y Gen. No. 58-140.
Serological tests during pregnancy must be made
at laboratory operated directly by state health department (now department of health), although premarital blood tests may be processed by any approved laboratory. 1958 Op. Att'y Gen. No. 58-140.
Repeal of regulations.
— The department of health may legally repeal regulations enacted pursuant to this section that require marriage license applicants to obtain and file physician's certificates. 1995 Op. Att'y Gen. No. 95-02.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-12 - Repealed.

History:
1953 Comp., § 57-1-10.2, enacted by Laws 1957, ch. 33, § 2; 1978 Comp., § 40-1-12, repealed by Laws 2013, ch. 144, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 144, § 14 repealed 40-1-12 NMSA 1978, as enacted by Laws 1957, ch. 33, § 2, relating to exceptions, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-13 - Repealed.

History:
1953 Comp., § 57-1-10.3, enacted by Laws 1957, ch. 33, § 3; 1978 Comp., § 40-1-13, repealed by Laws 2013, ch. 144, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 144, § 14 repealed 40-1-13 NMSA 1978, as enacted by Laws 1957, ch. 33, § 3, relating to penalties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-14 - Production of license and proof of legal qualifications.

Prior to a ceremony, all persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license. Nothing in Chapter 40, Article 1 NMSA 1978 shall excuse any person authorized by the laws of this state to solemnize the contract of marriage from being satisfied as to the legal qualifications of any parties desiring to be married, in addition to the authority conferred by the license.
History:
Laws 1905, ch. 65, § 3; Code 1915, § 3437; C.S. 1929, § 87-113; 1941 Comp., § 65-112; 1953 Comp., § 57-1-12; 2013, ch. 144, § 9.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required all persons authorized to solemnize marriage to require the parties to produce a marriage license; added the title of the section; after the title, deleted "Sec. 13"; in the first sentence, added "Prior to a ceremony" and after "county clerk", deleted "authorizing said marriage" and added "issuing the license"; and in the second sentence, after "excuse any person", deleted "from exercising the same care in satisfying himself" and added "authorized by the laws of this state to solemnize the contract of marriage from being satisfied" and after "any parties desiring", deleted "him to perform the marriage ceremony, now required of him by law" and added "to be married".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-15 - Certification of marriage; recording and indexing.

A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate cause it to be properly recorded and indexed in a permanent record as a part of the county records.
B. The county clerk may issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk. The county clerk shall issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage to correct an error on the document upon order of the district court.
History:
Laws 1905, ch. 65, § 4; Code 1915, § 3438; C.S. 1929, § 87-114; 1941 Comp., § 65-113; 1953 Comp., § 57-1-13; 2013, ch. 144, § 10.
ANNOTATIONS
Cross references.
— For county clerks,
see
N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, provided for correction of marriage certificates; added the title; in Subsection A, in the first sentence, after "duty of all persons", deleted "performing the marriage ceremony" and added "solemnizing the contract of marriage", after "from the date of the marriage", added "ceremony"; and in the second sentence, at the beginning of the sentence, added "Upon ensuring the information on the certificate is complete and legible, the", and after "permanent record", deleted "book kept for that purpose"; and added Subsection B.
Lack of evidence of license does not rebut presumption.
— Mere lack of evidence of a record of the issuance of a license or of a ceremonial marriage is not sufficient to rebut the presumption of a ceremonial marriage.
Trower v. Board of Cnty. Comm'rs
, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109,
overruled on other grounds by
Panzer v. Panzer
, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888.
Clerk's duty absolute even if marriage performed in other county.
— The county clerk's duty to record marriage certificates is absolute and it cannot be avoided by the fact that the marriage was not performed in his county. 1943 Op. Att'y Gen. No. 43-4225.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-16 - Application of law.

A. A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other.
B. Nothing in Chapter 40, Article 1 NMSA 1978 shall be construed to in any manner interfere with the records kept by any civil magistrate, religious society, church organization or federally recognized Indian nation, tribe or pueblo or with any additional form of ceremony, regulation or requirement prescribed by them.
History:
Laws 1905, ch. 65, § 5; Code 1915, § 3439; C.S. 1929, § 87-118; 1941 Comp., § 65-114; 1953 Comp., § 57-1-14; 2013, ch. 144, § 11.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for the legal rights of children born to parents who are not married to each other; added the title; added Subsection A; and in Subsection B, after "church organization", added "or federally recognized Indian nation, tribe or pueblo".
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-17 - Uniform use form.

To ensure a uniform system of records of all marriages contracted and the better preservation of the records for future reference, the form of application, license and certificate shall be substantially as provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the clerk's office; provided that the medical evaluation language shall not be printed on the application until such time as the secretary of health deems such evaluation necessary through the issuance of rules.
History:
Laws 1905, ch. 65, § 7; Code 1915, § 3441; C.S. 1929, § 87-120; 1941 Comp., § 65-116; 1953 Comp., § 57-1-15; 2013, ch. 144, § 12.
ANNOTATIONS
Cross references.
— For county clerks,
see
N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, provided for the use of uniform applications, licenses and certificates; added the title; after "preservation of", deleted "said record" and added "the records"; after "license and certificate", deleted "provided herein"; after "shall be substantially as", deleted "follows" and added "provided in Section 40-1-18 NMSA 1978"; and after "in the clerk's office", deleted "all such blanks to be provided free of cost by the county for public use" and added the reminder of the sentence.
County clerk may issue marriage license where neither party has appeared personally
to apply for the license where the form of application used is substantially in agreement with 40-1-18 NMSA 1978 and the county clerk is satisfied as to the ages. 1967 Op. Att'y Gen. No. 67-88.
Lack of witnesses would not invalidate marriage.
— Lack of witnesses at a marriage ceremony, where marriage was valid in other respects, would not invalidate the marriage. 1943 Op. Att'y Gen. No. 43-4280.
2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 1 - Marriage in General › Section 40-1-19 - Offenses; penalties.

A. For failure to perform the county clerk's responsibilities and duties pursuant to Chapter 40, Article 1 NMSA 1978, a county clerk is responsible on the county clerk's official bond for damages suffered by the injured party.
B. A person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects or fails to comply with the provisions of Chapter 40, Article 1 NMSA 1978 and any person who willfully violates the law by deceiving or attempting to deceive or mislead any officer or person in order to obtain a marriage license or to be married contrary to law is upon conviction guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 1905, ch. 65, § 9; Code 1915, § 3443; C.S. 1929, § 87-122; 1941 Comp., § 65-118; 1953 Comp., § 57-1-17; 2013, ch. 144, § 13.
ANNOTATIONS
Cross references.
— For county clerks,
see
N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978.
The 2013 amendment,
effective June 14, 2013, increased penalties; added the title; deleted "Any county clerk or"; added Subsection A; in Subsection B, after phrase "A person", deleted "authorized by law to perform" and added "who performs", after "marriage ceremony", added "or certifies a marriage to the county clerk", after "any officer or person", deleted "authorized to perform the marriage ceremony", after "contrary to law", deleted "shall be deemed" and added "is upon conviction", and after "misdemeanor and", deleted language which provided for a minimum fifty dollar and a maximum one hundred dollar fine or imprisonment, and added the remainder of the sentence.
Penalty for performing marriage in county other than where license obtained.
— The act of a duly qualified justice of the peace (now magistrate), priest or minister in performing a marriage ceremony where the marriage license was obtained in a county of this state other than that where the marriage ceremony was celebrated does not fall within the mandatory or prohibited provisions, and the wording of 40-1-10 NMSA 1978 does not expressly or by inference refer to persons performing the marriage ceremony. Therefore, such persons may perform such ceremonies without violating the marriage laws or subjecting themselves to criminal penalty. 1961 Op. Att'y Gen. No. 61-104.