reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-4 - Representation.

A. A person desiring immigration and nationality services may be represented by any of the following:
(1) attorneys in the United States; as used in this subsection, "attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the district of Columbia and is not under any order of any court, suspending, enjoining, restraining, disbarring or otherwise restricting him in the practice of law;
(2) a law student who is enrolled in the final year of an accredited law school or a law school graduate who is not yet admitted to the bar, provided that:
(a) he is appearing on an individual case basis at the request of the person entitled to representation; or
(b) his appearance is permitted by the official before whom he wishes to appear including an immigration judge, district immigration director, immigration officer-in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, which official, if in his opinion special circumstances warrant it, may require that a law student be accompanied by the supervising faculty member or attorney;
(3) any reputable individual of good moral character, provided that:
(a) he is appearing on an individual case basis, at the request of the person entitled to representation;
(b) he is appearing without direct or indirect remuneration and files a written declaration to that effect;
(c) he has a preexisting relationship or connection with the person entitled to representation including a relative, neighbor, clergyman, business associate or personal friend, provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and
(d) if appearing on behalf of a client, his appearance is permitted by the official before whom he wished to appear including an immigration judge, district immigration director, immigration officer-in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and nationality practice or preparation or holds himself out to the public as qualified to do so;
(4) a person representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board; or
(5) an accredited official in the United States of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.
B. Except as set forth in this section, no other person or persons shall represent others in any case, nor prepare applications or forms or given [give] any legal advice.
History:
Laws 1987, ch. 60, § 4.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-5 - Unauthorized practice of law prohibited.

On or after the effective date of the Immigration and Nationality Law Practice Act, it shall be unlawful for any person to render for compensation any service constituting the unlawful practice of law or to otherwise violate any provision of the Immigration and Nationality Law Practice Act.
History:
Laws 1987, ch. 60, § 5.
ANNOTATIONS
Compiler's notes.
— The "effective date of the Immigration and Nationality Law Practice Act" is June 19, 1987, the effective date of Laws 1987, Chapter 60.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-6 - Authority of the attorney general.

A. Whenever the public interest so requires, the attorney general shall initiate appropriate proceedings to prevent violations of the Immigration and Nationality Law Practice Act.
B. A person having an interest or right which is or may be adversely affected under the Immigration and Nationality Law Practice Act may initiate an action for private remedies in accordance with the procedures of Section 57-12-10 NMSA 1978.
History:
Laws 1987, ch. 60, § 6.
2023 New Mexico Statutes › Chapter 36 - Attorneys › Article 3 - Immigration and Nationality Law Practice › Section 36-3-10 - Violation is a misdemeanor.

Violation of any provision in the Immigration and Nationality Law Practice Act constitutes a misdemeanor the penalty for which is as provided in Section 31-19-1 NMSA 1978.
History:
Laws 1987, ch. 60, § 10.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-5 - Actions for wage and hour violations.

A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be commenced within three years after a violation last occurs. The three-year period shall be tolled during a labor relations division of the workforce solutions department investigation of an employer, but such an investigation shall not be deemed a prerequisite to a person bringing a civil action, nor shall it operate to bar a civil action brought pursuant to Chapter 50, Article 4 NMSA 1978.
History:
1941 Comp., § 27-125, enacted by Laws 1947, ch. 44, § 1; 1953 Comp., § 23-1-5; 2009, ch. 104, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, deleted all of the former language of this section, which provided for a one year statute of limitations period, and added the current language.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 48A Am. Jur. 2d Labor and Labor Relations § 3250 et seq.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-6 - [Accrual of cause of action on open accounts.]

Where there is an open current account the cause of action shall be deemed to have accrued upon the date of the last item therein, as proved on the trial.
History:
Laws 1880, ch. 5, § 7; C.L. 1884, § 1866; C.L. 1897, § 2919; Code 1915, § 3351; C.S. 1929, § 83-106; 1941 Comp., § 27-105; 1953 Comp., § 23-1-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
With open account there is one single and indivisible liability
arising from a connected series of related and reciprocal debits and credits.
Panhandle Irrigation, Inc. v. Bates
, 1968-NMSC-024, 78 N.M. 706, 437 P.2d 705.
Mutual open account.
— A mutual, open, current account of which the law takes cognizance in determining the rights and liabilities of debtor and creditor litigants in apparent qualification of the statute of limitations may be defined as an account usually and properly kept in writing, wherein are set down by express or implied agreement of the parties concerned a connected series of debit and credit entries of reciprocal charges and allowances.
Gentry v. Gentry
, 1955-NMSC-055, 59 N.M. 395, 285 P.2d 503.
Lease not an open account.
— Lease agreement between oil company and city, which by agreement was to last for five years or so long as oil continued to be produced on the land, could not be unilaterally closed and settled, and therefore was not an "open account" within the meaning of this section.
City of Carlsbad v. Grace
, 1998-NMCA-144, 126 N.M. 95, 966 P.2d 1178.
Loans not transformed to account by payments.
— The fact that defendant makes payments to plaintiff on loans works no change in the nature of plaintiff's rights or defendant's liability; it does not create an open current account between the parties.
Gentry v. Gentry
, 1955-NMSC-055, 59 N.M. 395, 285 P.2d 503.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Accounts and Accounting § 4 et seq.
What constitutes an open current account within the statute of limitations, 1 A.L.R. 1060, 39 A.L.R. 369, 57 A.L.R. 201.
Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
Entry or indorsement by creditor on note, bond or other obligation as evidence of part payment which will toll the statute of limitations, 23 A.L.R.2d 1331.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
54 C.J.S. Limitations of Actions § 161.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-11 - [Effect of death.]

If the person entitled to a cause of action die within one year next previous to the expiration of the limitation above provided, the representatives of such persons shall have one year after such death within which to commence said action.
History:
Laws 1880, ch. 5, § 11; C.L. 1884, § 1870; C.L. 1897, § 29-23; Code 1915, § 3354; C.S. 1929, § 83-109; 1941 Comp., § 27-110; 1953 Comp., § 23-1-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effect of section.
— This section would allow the bringing of suit within one year from the date of death of an incompetent, provided the injury sued upon did not result in death.
Kilkenny v. Kenney
, 1961-NMSC-019, 68 N.M. 266, 361 P.2d 149.
Section held applicable to claim on note against decedent's estate.
Browning v. Estate of Browning
, 1886-NMSC-022, 3 N.M. (Gild.) 659, 9 P. 677.
Section applies to proceedings in probate court.
Browning v. Estate of Browning
, 1886-NMSC-022, 3 N.M. (Gild.) 659, 9 P. 677.
Section inapplicable to wrongful death.
— The Wrongful Death Act, and not this section, applies where the injury sued upon resulted in death.
Kilkenny v. Kenney
, 1961-NMSC-019, 68 N.M. 266, 361 P.2d 149.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Limitation of Actions §§ 194, 195.
Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
Entry or indorsement by creditor on note, bond or other obligation as evidence of part payment which will toll the statute of limitations, 23 A.L.R.2d 1331.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.
54 C.J.S. Limitations of Action §§ 118, 119.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-12 - [When commencement of action stayed or prevented.]

When the commencement of any action shall be stayed or prevented by injunction order or other lawful proceeding, the time such injunction order or proceeding shall continue in force shall not be counted in computing the period of limitation.
History:
Laws 1880, ch. 5, § 15; C.L. 1884, § 1875; C.L. 1897, § 2928; Code 1915, § 3358; C.S. 1929, § 83-113; 1941 Comp., § 27-111; 1953 Comp., § 23-1-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Mandatory grievance proceedings.
— Although New Mexico has no caselaw specifically addressing the tolling requirements upon the filing of mandatory administrative grievances, the language of the statute seems to encompass mandatory grievance proceedings.
Roberts v. Barreras
, 484 F.3d 1236 (10th Cir. 2007).
Pendency of an appeal.
— The statute of limitations does not run during the pendency of an appeal.
United States Fire Ins. Co. v. Aeronautics, Inc.
, 1988-NMSC-051, 107 N.M. 320, 757 P.2d 790.
Automatic stays in bankruptcy proceedings toll the statute of limitations.
— Where plaintiff bank, in February 2016, brought a second foreclosure action against homeowners who defaulted on a mortgage loan in October 2008, following the dismissal of its first foreclosure action, which was filed in October 2009 and where bank exercised an option under the note to accelerate and declare immediately payable and due the full amount of the principal and all interest still owed under the note, and where homeowners filed for bankruptcy three times between 2011 and 2012, the third of which resulted in a discharge order, the district court erred in dismissing bank's entire foreclosure claim as barred by the six-year statute of limitations, because in the context of an installment contract, like the note in this case, the statute would have begun to run with respect to the whole indebtedness only from the date of an exercise of the option to declare the whole indebtedness due, and pursuant to 37-1-12 NMSA 1978, the statute of limitations for its claim for the accelerated balance as of October 2009, was tolled during the periods in which homeowners' three bankruptcies were pending in federal bankruptcy court as a result of automatic stays.
LSF9 Master Participation Trust v. Sanchez
, 2019-NMCA-055.
Stay of proceedings in class action
does not preclude a party from filing a separate lawsuit asserting that party's claims and does not toll the statutes of limitations with respect to those claims.
Butler v. Deutsche Morgan Grenfell, Inc.
, 2006-NMCA-084, 140 N.M. 111, 140 P.3d 532, cert. denied, 2006-NMCERT-007, 140 N.M. 279, 142 P.3d 360.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Limitation of Actions § 171.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
54 C.J.S. Limitations of Actions §§ 124, 125.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-18 - [Limitations not to run against trust actions fraudulently concealed.]

None of the provisions of this chapter shall run against causes of actions originating in or arising out of trusts, when the defendant has fraudulently concealed the cause of action, or the existence thereof from the party entitled or having the right thereto.
History:
Laws 1880, ch. 5, § 17; C.L. 1884, § 1877; C.L. 1897, § 2930; Code 1915, § 3360; C.S. 1929, § 83-115; 1941 Comp., § 27-117; 1953 Comp., § 23-1-18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this chapter" refer to ch. 68 of the 1915 Code, which is compiled as 37-1-1 to 37-1-4, 37-1-6 to 37-1-19, 37-1-21, 37-1-22, 37-1-25, 37-1-26 NMSA 1978.
Action for accounting barred.
— An action for an accounting based on a letter from defendants allegedly creating an express trust in certain motel property in plaintiff's favor was barred by six-year statute of limitations, where there was no evidence of fraudulent concealment.
Fidel v. Fidel
, 1975-NMSC-008, 87 N.M. 283, 532 P.2d 579.
Failure to enforce rights.
— Where a cestui que trust failed to institute proceedings to enforce alleged rights under an equitable trust for eight years, the court will not aid in the enforcement of his claim.
Patterson v. Hewitt
, 1901-NMSC-012, 11 N.M. 1, 66 P. 552,
aff'd
, 195 U.S. 309, 25 S. Ct. 35, 49 L. Ed. 214 (1904).
Law reviews.
— For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 51 Am. Jur. 2d Limitations of Actions §§ 146 to 151.
54 C.J.S. Limitations of Actions §§ 88 to 90.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-21 - Repealed.

History:
Laws 1857-1858, p. 64; C.L. 1865, ch. 73, § 1; C.L. 1884, § 1880; C.L. 1897, § 2937; Laws 1899, ch. 63, § 1; Code 1915, § 3364; C.S. 1929, § 83-119; 1941 Comp., § 27-120; 1953 Comp., § 23-1-21; Laws 1973, ch. 138, § 14; 1979, ch. 354, § 1; 1978 Comp., § 37-1-21 repealed by Laws 2007, ch. 266, § 1.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 266, § 2 repealed 37-1-21 NMSA 1978, as enacted by Laws 1857-1858, p. 64, relating to real property held under a governmental deed, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-25 - [Suit, etc., on municipal and other local governmental bonds or coupons.]

No suit, action or proceeding at law or equity, for the recovery of judgment upon, or the enforcement or collection of, any bond of any county, city, town, school district or other municipality in this state, or upon any coupon thereto attached, shall be commenced except within ten years next after the date of the maturity of such bond or coupon, and all such suits or action not so commenced shall be forever barred.
History:
Laws 1907, ch. 68, § 1; Code 1915, § 3362; C.S. 1929, § 83-117; 1941 Comp., § 27-123; 1953 Comp., § 23-1-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The New Mexico Rules of Civil Procedure, applicable to all civil suits cognizable at law or in equity, provide for only one form of action, known as "civil action."
See
Rules 1-001 and 1-002 NMRA.
Cross references.
— For the Public Securities Limitation of Action Act,
see
6-14-4 NMSA 1978.
Limitations start running on interest coupons from coupons' maturity date
rather than from the date of maturity of the bonds for which they represent interest payments. 1944 Op. Att'y Gen. No. 44-4570.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 12 Am. Jur. 2d Bonds §§ 75 to 79; 51 Am. Jur. 2d Limitation of Actions § 24; 64 Am. Jur. 2d Public Securities and Obligations §§ 500 to 505.
Statute of limitations applicable to coupons detached from bonds or other instruments, 62 A.L.R. 270.
Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
Entry or endorsement by creditor on note, bond or other obligation as evidence of part payment which will toll the statute of limitations, 23 A.L.R.2d 1331.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
When limitations begin to run against actions on public securities or obligations to be paid out of a special or particular fund, 50 A.L.R.2d 271.
20 C.J.S. Counties § 259; 64 C.J.S. Municipal Corporations § 1973; 79 C.J.S. Schools and School Districts § 375.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-26 - [Questioning of privilege or franchise granted by municipal corporation.]

No action or suit shall be brought to call in question any privilege or franchise granted by any municipal corporation, unless the same shall be brought within six years after the same shall have been granted, or claimed to have been granted, and any such privilege or franchise heretofore granted by any municipal corporation shall, after six years from the date of the granting of the same, or within six years after the same shall have been claimed to have been granted, shall [sic] be deemed valid in all respects.
History:
Laws 1893, ch. 47, § 1; C.L. 1897, § 2918; Code 1915, § 3363; C.S. 1929, § 83-118; 1941 Comp., § 27-124; 1953 Comp., § 23-1-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1893, ch. 47, § 1, contained a preliminary provision indicating that it was amending Laws 1884, ch. II, tit. XXXIII, § 1865.
Section is limited to express grants from municipality,
and does not apply to an asserted grant under a state statute, nor to an implied prescriptive right.
City of Roswell v. Mountain States Tel. & Tel. Co.
, 78 F.2d 379 (10th Cir. 1935).
Injunction.
— This section limits actions to call in question, any privilege or franchise granted by any municipal corporation; and the holder of a valid franchise is entitled to injunction against interference by a city council with its rights under such franchise.
Agua Pura Co. v. Mayor of Las Vegas
, 1900-NMSC-002, 10 N.M. 6, 60 P. 208.
Section inapplicable to cancellation or forfeiture.
— This section provides a limitation on actions to challenge the validity of a franchise, but does not limit actions to establish a cancellation for forfeiture for default. 1972 Op. Att'y Gen. No. 72-04.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249.
64 C.J.S. Municipal Corporations §§ 1741, 2153.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 1 - Limitations of Actions › Section 37-1-29 - Limitation [on parent-child relationship determination].

An action to determine a parent and child relationship shall be brought no later than three years after the child has reached the age of majority.
History:
1978 Comp., § 37-1-29, enacted by Laws 1985, ch. 105, § 18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-2 - [Transfer pendente lite; no abatement.]

No action shall abate by the transfer of any interest therein during its pendency.
History:
Laws 1880, ch. 6, § 9; C.L. 1884, § 2155; C.L. 1897, § 3104; Code 1915, § 4281; C.S. 1929, § 105-1219; 1941 Comp., § 19-702; 1953 Comp., § 21-7-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For rule as to transfer of interest,
see
Rule 1-025 NMRA.
Assignment of interest prior to entry of judgment.
— If successful litigant assigns his interest after trial and announcement of decision, but before entry of final judgment, judgment may be entered in name of litigant of record and assignees need not be substituted as parties.
Dietz v. Hughes
, 1935-NMSC-055, 39 N.M. 349, 47 P.2d 417.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 39 et seq.
1 C.J.S. Abatement and Revival §§ 107, 108.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-3 - [Marriage; conviction of crime; suit against prisoner.]

No action shall abate by the marriage or conviction of crime of a party, if the cause of action survive or continue, but the court may order the same to proceed, and an action may be brought or prosecuted to final judgment against any person in prison for crime, regardless of such imprisonment.
History:
Laws 1897, ch. 73, § 130; C.L. 1897, § 2685 (130); Code 1915, § 4263; C.S. 1929, § 105-1201; 1941 Comp., § 19-703; 1953 Comp., § 21-7-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 C.J.S. Abatement and Revival § 94.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-4 - [Death of party to pending action; no abatement; exceptions.]

No action pending in any court shall abate by the death of either, or both, the parties thereto, except an action for libel, slander, malicious prosecution, assault or assault and battery, for a nuisance or against a justice of the peace [magistrate] for misconduct in office, which shall abate by the death of the defendant.
History:
Laws 1884, ch. 5, § 2; C.L. 1884, § 2139; C.L. 1897, § 3088; Code 1915, § 4265; C.S. 1929, § 105-1203; 1941 Comp., § 19-704; 1953 Comp., § 21-7-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The office of justice of the peace was abolished and its jurisdiction, powers and duties transferred to the magistrate court.
See
35-1-38 NMSA 1978.
Cross references.
— For death before commencement of action,
see
37-2-1 NMSA 1978.
For rule relating to substitution upon death of party,
see
Rule 1-025 NMRA.
Application of section.
— Section 37-2-4 NMSA 1978 applies only when death occurs while an action is pending; it describes which pending actions abate when one of the parties dies.
Padilla v. Estate of Griego
, 1992-NMCA-021, 113 N.M. 660, 830 P.2d 1348.
Effect of section.
— This section gives survivability to all causes of action which are in suit when death of party occurs, except certain specified causes which abate upon the death of a defendant only.
Frampton v. Santa Fe N.W. Ry.
, 1930-NMSC-036, 34 N.M. 660, 287 P. 694.
Section does not apply to appeals of criminal convictions.
State v. Doak
, 1976-NMCA-091, 89 N.M. 532, 554 P.2d 993,
overruled by
State v. Salazar
, 1997-NMSC-044, 123 N.M. 778, 945 P.2d 996.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 43 et seq.
Survival of action or cause of action for wrongful death against representative of wrongdoer, 61 A.L.R. 830, 171 A.L.R. 1392.
Effect of death of party to divorce or annulment suit before final decree, 158 A.L.R. 1205.
Constitutionality and construction of statute authorizing continuation of pending action against foreign representative of deceased nonresident driver of motor vehicle, arising out of accident occurring in state, 18 A.L.R.2d 544.
Death of putative father before, pending or after judgment as affecting bastardy proceedings, 53 A.L.R.3d 188.
Claim for punitive damages in tort action as surviving death of tortfeasor or person wronged, 30 A.L.R.4th 707.
Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.
1 C.J.S. Abatement and Revival §§ 117 to 130.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-5 - [Death or cessation of power; procedure when right of action survives to or against coparty.]

Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record.
History:
Laws 1884, ch. 5, § 3; C.L. 1884, § 2140; C.L. 1897, § 3089; Code 1915, § 4266; C.S. 1929, § 105-1204; 1941 Comp., § 19-705; 1953 Comp., § 21-7-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For powers of surviving personal representative,
see
45-3-718 NMSA 1978.
For rule regarding substitution of parties in the event of various contingencies,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 45 et seq.
1 C.J.S. Abatement and Revival §§ 122 to 124, 162.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-6 - [Proceeding with remaining parties when no survival of action.]

Where one of several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action do [does] not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties, but the judgment shall not prejudice any who were not parties at the time of the trial.
History:
Laws 1884, ch. 5, § 4; C.L. 1884, § 2141; C.L. 1897, § 3090; Code 1915, § 4267; C.S. 1929, § 105-1205; 1941 Comp., § 19-706; 1953 Comp., § 21-7-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For powers of surviving personal representative,
see
45-3-718 NMSA 1978.
For rule relating to substitution of parties upon the happening of various contingencies, including death of a party,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 45 et seq.
1 C.J.S. Abatement and Revival §§ 122 to 124.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-7 - [Revivor in name of representative or successor authorized.]

When one of the parties to an action dies, or his powers as a personal representative cease before the judgment, if the right of action survive in favor of or against his representative or successor, the action may be revived and proceed in their names.
History:
Laws 1884, ch. 5, § 5; C.L. 1884, § 2142; C.L. 1897, § 3091; Code 1915, § 4268; C.S. 1929, § 105-1206; 1941 Comp., § 19-707; 1953 Comp., § 21-7-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For revival of actions founded on contract, which have become barred by statute of limitations,
see
37-1-16 NMSA 1978.
For substitution of successor personal representative,
see
45-3-613 NMSA 1978.
For rule relating to substitution of parties upon the happening of various contingencies,
see
Rule 1-025 NMRA.
Filing against estate unnecessary.
— The revival of a suit pending against a decedent at the time of his death, within the time for filing claims against the estate, dispenses with filing the claim against the estate.
Romero v. Hopewell
, 1922-NMSC-037, 28 N.M. 259, 210 P. 231.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 110 et seq.
1 C.J.S. Abatement and Revival §§ 155 to 158.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-8 - [Order of revivor.]

The revivor shall be by a conditional order of the court, if made in term, or by a judge thereof if in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them.
History:
Laws 1884, ch. 5, § 6; C.L. 1884, § 2143; C.L. 1897, § 3092; Code 1915, § 4269; C.S. 1929, § 105-1207; 1941 Comp., § 19-708; 1953 Comp., § 21-7-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Section 34-6-2 NMSA 1978 provides that the district court shall always be in session.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 124.
1 C.J.S. Abatement and Revival § 179.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-9 - [Publication of notice where representatives of defendant nonresidents, etc.; when action revived.]

When the plaintiff shall make an affidavit that the representatives of the defendant, or any of them, in whose name the action may be ordered to be revived, are nonresidents of the state, or have left the same to avoid the service of the order, or so concealed themselves that the order cannot be served upon them or that the names and residence of the heirs or devisees of the person against whom the action may be ordered to be revived, or some of them are unknown to the affiant, a notice may be published as provided in Chapter XCIV, notifying them to appear on a day therein named and show cause why the action should not be revived against them, and if sufficient cause be not shown to the contrary, the action shall stand revived.
History:
Laws 1884, ch. 5, § 9; C.L. 1884, § 2146; C.L. 1897, § 3095; Code 1915, § 4272; C.S. 1929, § 105-1210; 1941 Comp., § 19-709; 1953 Comp., § 21-7-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "Chapter XCIV" refer to Code 1915, ch. 94, §§ 4644 to 4652, the operative provisions of which are compiled as 14-11-9, 14-11-11 NMSA 1978.
Cross references.
— For statutory provisions relating to publication of notice,
see
14-11-1 NMSA 1978 et seq.
For rule governing service of process, including service by publication,
see
Rule 1-004 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 117 et seq.
1 C.J.S. Abatement and Revival § 175.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-10 - [Revivor on death of plaintiff.]

Upon the death of the plaintiff in an action, it may be revived in the names of his representatives to whom his rights have passed; where his right has passed to his personal representatives the revivor shall be in his name; where it has passed to his heirs or devisees who could support the action if brought anew, the revivor may be in their names.
History:
Laws 1884, ch. 5, § 10; C.L. 1884, § 2147; C.L. 1897, § 3096; Code 1915, § 4273; C.S. 1929, § 105-1211; 1941 Comp., § 19-710; 1953 Comp., § 21-7-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For limitation on revivor in name of plaintiff's representative or successor, absent consent,
see
37-2-14 NMSA 1978.
For rule relating to substitution of parties,
see
Rule 1-025 NMRA.
"May".
— The use of the word "may" in this section has no bearing upon the question of who are and who are not indispensable parties; it simply permits certain individuals to take the initiative in making the litigation go forward.
Keirsey v. Hirsch
, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and
Sims v. Sims
, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153.
Passing of decedent's rights.
— At the moment decedent died, his interest in certain land by virtue of contract of sale belonged to his heirs, who were entitled to possession and damages, and not to administratrix.
Keirsey v. Hirsch
, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and
Sims v. Sims
, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153.
Indispensable parties.
— Heirs of decedent, the original plaintiff in suit for specific performance, were indispensable parties, as was the administratrix, by reason of her obligation to pay the purchase price.
Keirsey v. Hirsch
, 1953-NMSC-112, 58 N.M. 18, 265 P.2d 346, superseded by rule and
Sims v. Sims
, 1996-NMSC-078, 122 N.M. 618, 930 P.2d 153.
Adding indispensable parties.
— Trial court's action permitting amendment of complaint seeking specific performance, so as to add heirs of original plaintiff as parties, and relating it back to timely substitution of administratrix upon plaintiff's death, was not improper.
State ex rel. Skinner v. District Court
, 1955-NMSC-106, 60 N.M. 255, 291 P.2d 301.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 119.
Effect of death of beneficiary upon right of action under death statute, 13 A.L.R.4th 1060.
1 C.J.S. Abatement and Revival § 158.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-12 - [Revivor of action concerning real estate on death of defendant.]

Upon the death of a defendant in an action for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both; and an order therefor may be forthwith made, in the manner directed in the preceding sections [37-2-5, 37-2-7 to 37-2-9, 37-2-11 NMSA 1978].
History:
Laws 1884, ch. 5, § 12; C.L. 1884, § 2149; C.L. 1897, § 3098; Code 1915, § 4275; C.S. 1929, § 105-1213; 1941 Comp., § 19-712; 1953 Comp., § 21-7-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 99.
1 C.J.S. Abatement and Revival §§ 150, 160, 165.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-13 - [Consent required for revivor against defendant's representative or successor; exception.]

An order to revive an action against the representatives or successor of a defendant, shall not be made without the consent of such representative or successor, unless in one year from the time it could have been first made.
History:
Laws 1884, ch. 5, § 13; C.L. 1884, § 2150; C.L. 1897, § 3099; Code 1915, § 4276; C.S. 1929, § 105-1214; 1941 Comp., § 19-713; 1953 Comp., § 21-7-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For revivor on death of defendant, in general,
see
37-2-11 NMSA 1978.
For rule relating to substitution of parties,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq.
1 C.J.S. Abatement and Revival §§ 172, 173.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-14 - [Revivor in name of plaintiff's representative or successor; revivor on both sides.]

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his power have ceased in the meantime, the order of revivor on both sides may be made in the period limited in the last section [37-2-13 NMSA 1978].
History:
Laws 1884, ch. 5, § 14; C.L. 1884, § 2151; C.L. 1897, § 3100; Code 1915, § 4277; C.S. 1929, § 105-1215; 1941 Comp., § 19-714; 1953 Comp., § 21-7-14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For revivor on death of plaintiff, in general,
see
37-2-10 NMSA 1978.
For rule relating to substitution of parties,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq.
1 C.J.S. Abatement and Revival §§ 172, 173.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-15 - [When action to be stricken from docket.]

When it appears to the court by affidavit that either party to an action has been dead, or where a party sues, or is sued as a personal representative, that his powers have ceased for a period so long that the action cannot be revived in the names of his representatives or successor, without the consent of both parties, it shall order the action to be stricken from the docket.
History:
Laws 1884, ch. 5, § 15; C.L. 1884, § 2152; C.L. 1897, § 3101; Code 1915, § 4278; C.S. 1929, § 105-1216; 1941 Comp., § 19-715; 1953 Comp., § 21-7-15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For rule relating to substitution of parties,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq.
1 C.J.S. Abatement and Revival §§ 172, 173.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-16 - [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representative, in whose names the action might be revived, ten days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived.
History:
Laws 1884, ch. 5, § 16; C.L. 1884, § 2153; C.L. 1897, § 3102; Code 1915, § 4279; C.S. 1929, § 105-1217; 1941 Comp., § 19-716; 1953 Comp., § 21-7-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For rule relating to substitution of parties,
see
Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 C.J.S. Abatement and Revival § 158.
2023 New Mexico Statutes › Chapter 37 - Limitation of Actions; Abatement and Revivor › Article 2 - Abatement and Revivor › Section 37-2-17 - [No postponement of trial upon revivor.]

When, by the provisions of the preceding sections of this article, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had not death or cessation of powers taken place.
History:
Laws 1884, ch. 5, § 17; C.L. 1884, § 2154; C.L. 1897, § 3103; Code 1915, § 4280; C.S. 1929, § 105-1218; 1941 Comp., § 19-717; 1953 Comp., § 21-7-17.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The compilers of the 1915 Code substituted "preceding sections of this article" for "preceding sections", thereby presumably extending the reference to include Code 1915, §§ 4263 to 4279, the operative provisions of which are compiled as 37-2-1, 37-2-3 to 37-2-16 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 1 Am. Jur. 2d Abatement, Survival and Revival § 114.
1 C.J.S. Abatement and Revival § 180.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 1 - Process › Section 38-1-2 - [Practice statutes may be modified or suspended by rules.]

All statutes relating to pleading, practice and procedure, now existing, shall, from and after the passage of this act [38-1-1, 38-1-2 NMSA 1978], have force and effect only as rules of court and shall remain in effect unless and until modified or suspended by rules promulgated pursuant hereto.
History:
Laws 1933, ch. 84, § 2; 1941 Comp., § 19-302; 1953 Comp., § 21-3-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Constitutionality.
— When the legislature enacted this chapter, it did not delegate to the court a function exclusively legislative, contrary to N.M. const., art. III, § 1. The trial court rules promulgated by the supreme court, though promulgated subsequent to and consequent upon the enactment of this chapter, were promulgated, nevertheless, by the court in the exercise of an inherent power lodged in the court to prescribe such rules of practice, pleading, and procedure as will facilitate the administration of justice.
State v. Roy
, 1936-NMSC-048, 40 N.M. 397, 60 P.2d 646.
Modification of legislative rules.
— Legislative rules relating to pleading, practice and procedure in the courts, particularly where those rules relate to court management or housekeeping functions, may be modified by a subsequent rule promulgated by the supreme court.
Lovelace Med. Ctr. v. Mendez
, 1991-NMSC-002, 111 N.M. 336, 805 P.2d 603.
Law reviews.
— For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).
2023 New Mexico Statutes › Chapter 38 - Trials › Article 1 - Process › Section 38-1-4 - [Equity rules prevail over common law.]

Generally in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law, with reference to the same matter, the rules of equity shall prevail.
History:
Laws 1897, ch. 73, § 178; C.L. 1897, § 2685 (178); Code 1915, § 4259; C.S. 1929, § 105-1006; 1941 Comp., § 19-304; 1953 Comp., § 21-3-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Express contract.
— An express contract is to be enforced as written in regard to contractual obligations of the parties unless the court has determined that equity should override the express contract because of fraud, real hardship, oppression, mistake, unconscionable results, and the other grounds of righteousness, justice and morality.
Arena Res., Inc. v. OBO, Inc.
, 2010-NMCA-061, 148 N.M. 483, 238 P.3d 357.
Judgment granting equitable relief in action based on express contract.
— Where plaintiff, who was the operating-interest owner, redeveloped an oilfield unit and sought reimbursement from defendant, who was a working-interest owner; plaintiff unilaterally redeveloped the unit without obtaining the consent of defendant as was required by the operating agreement of the parties; the redevelopment project increased oil and gas production, enhanced the unit, and netted favorable revenue consequences for defendant; although the district court concluded that plaintiff had breached the operating agreement, the court granted judgment for plaintiff based on unjust enrichment; plaintiff's action was for breach of contract and to enforce a contractual lien; plaintiff never asserted a claim for unjust enrichment, the case was not tried on the theory of unjust enrichment, and plaintiff did not request findings of fact and conclusions of law on unjust enrichment; and the court never mentioned the existence of any evidence or entered any findings of fact that supported its conclusion of unjust enrichment or otherwise provided any basis for invoking the unjust enrichment theory in the face of the parties' express contract, the court was not permitted to exercise its equitable powers to grant plaintiff relief under the equitable unjust enrichment theory of recovery.
Arena Res., Inc. v. OBO, Inc.
, 2010-NMCA-061, 148 N.M. 483, 238 P.3d 357.
Enforcement of contract unenforceable under statute of frauds.
— Even where a contract relating to the transfer of real estate is verbally changed as to the time of payment, a court of equity will intervene and order performance, when the refusal to intervene on account of the statute of frauds would permit a fraud to be committed.
Kingston v. Walters
, 1908-NMSC-007, 14 N.M. 368, 93 P. 700,
aff'd
, 1911-NMSC-009, 16 N.M. 59, 113 P. 594.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
15A Am. Jur. 2d Common Law § 15.
15A C.J.S. Common Law § 9.
2023 New Mexico Statutes › Chapter 38 - Trials › Article 1 - Process › Section 38-1-5.1 - Service of process on limited liability companies; death or removal of registered agent.

A. In case the agent of any limited liability company or foreign limited liability company registered to transact business in this state, designated by such company as the agent upon whom process against the company may be served, dies, resigns or leaves the state or the agent cannot with due diligence be found, it is lawful, while the circumstances continue, to serve process against the company upon the secretary of state, and the service shall be as effective to all intents and purposes as if made upon any manager of the company.
B. Within two days after service upon the secretary of state, the secretary shall notify the company of service of process by certified or registered mail directed to the company at its registered office and enclose a copy of the process or other paper served. It is the duty of the plaintiff in any action in which the process is issued to pay to the secretary of state the sum of twenty-five dollars ($25.00), which shall be taxed as part of the taxable costs in the suit if the plaintiff prevails therein.
C. The secretary of state shall keep a record of all summons that have been presented for service to the secretary of state along with a summary of all occurrences with regard to the service of summons. The address of a foreign limited liability company's registered agent, as set forth in its application for registration or most recent amendment thereto, shall constitute such company's registered office for purposes of this section.
History:
Laws 1993, ch. 280, § 75.