reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-21 - Change of award by arbitrator.

(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(1) upon a ground stated in Section 25(a)(1) or (3) [44-7A-25 NMSA 1978];
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(b) A motion under Subsection (a) must be made and notice given to all parties within twenty days after the movant receives notice of the award.
(c) A party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice.
(d) If a motion to the court is pending under Section 23, 24 or 25 [44-7A-23, 44-7A-24 or 44-7A-25 NMSA 1978], the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) upon a ground stated in Section 25(a)(1) or (3) [44-7A-25 NMSA 1978];
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(e) An award modified or corrected pursuant to this section is subject to Sections 20(a), 23, 24 and 25 [44-7A-20, 44-7A-23, 44-7A-24 and 44-7A-25 NMSA 1978].
History:
Laws 2001, ch. 227, § 21.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Period for arbitrators' action set by agreement.
— Where an arbitration agreement establishes a period beyond which the arbitrators cannot act, it does not prevent them from deciding and disposing of the matter before the expiration of the prescribed period. It does not extend their authority once they make a decision intended to be final and binding on the parties.
Chaco Energy Co. v. Thercol Energy Co.
, 1981-NMSC-127, 97 N.M. 127, 637 P.2d 558.
Findings required as to offset against proceeds already received.
— Trial court erred in confirming arbitration award without clarification from arbitrators whether offsets for settlement proceeds already received were included in the award calculations.
Casias v. Dairyland Ins. Co.
, 1999-NMCA-046, 126 N.M. 772, 975 P.2d 385, cert. denied, 127 N.M. 389, 981 P.2d 1207.
Effect of amended award.
— An amended award for purposes other than those specified in Section 44-7-13A NMSA 1978 [now Section 44-7A-25 NMSA 1978] is void and of no effect.
Chaco Energy Co. v. Thercol Energy Co.
, 1981-NMSC-127, 97 N.M. 127, 637 P.2d 558.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d. Alternative Dispute Resolution § 210.
Award or decision by arbitrators as precluding return of case to, or its reconsideration by them, 104 A.L.R. 710.
Time and jurisdiction for review, reopening, modification or reinstatement of award or agreement, 165 A.L.R. 9
6 C.J.S. Arbitration § 119.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-23 - Confirmation of award.

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to Section 21 or 25 [44-7A-21 or 44-7A-25 NMSA 1978] or is vacated pursuant to Section 24 [44-7A-24 NMSA 1978].
History:
Laws 2001, ch. 227, § 23.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Findings required as to offset against proceeds already received.
— Trial court erred in confirming arbitration award without clarification from arbitrators whether offsets for settlement proceeds already received were included in the award calculations.
Casias v. Dairyland Ins. Co.
, 1999-NMCA-046, 126 N.M. 772, 975 P.2d 385, cert. denied, 127 N.M. 389, 981 P.2d 1207.
Errors of law and fact.
— The district court does not have the authority to review arbitration awards for errors as to the law or the facts; if the award is fairly and honestly made and if it is within the scope of the submission, the award is a final and conclusive resolution of the parties' dispute.
Fernandez v. Farmers Ins. Co.
, 1993-NMSC-035, 115 N.M. 622, 857 P.2d 22.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d. Alternative Dispute Resolution § 218 et seq.
6 C.J.S. § 120 et seq.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-26 - Judgment on award; attorney's fees and litigation expenses.

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.
(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c) On application of a prevailing party to a contested judicial proceeding under Section 23, 24 or 25 [44-7A-23, 44-7A-24, 44-7A-25 NMSA 1978], the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award.
History:
Laws 2001, ch. 227, § 26.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d. Alternative Dispute Resolution § 227 et seq.
Enforcement of award upon submission of subject-matter of pending action, to arbitration, by judgment in same action, 42 A.L.R. 736.
Extraterritorial enforcement of arbitral award, 73 A.L.R. 1460.
6 C.J.S. Arbitration § 145 et seq.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-27 - Jurisdiction.

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under the Uniform Arbitration Act [44-7A-1 to 44-7A-32 NMSA 1978].
History:
Laws 2001, ch. 227, § 27.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
No power to consolidate arbitration.
— While this section gives New Mexico courts jurisdiction to enforce contracts to arbitrate, no express provision in the act confers on courts the power to consolidate arbitration.
Pueblo of Laguna v. Cillessen & Son
, 1984-NMSC-060, 101 N.M. 341, 682 P.2d 197.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d. Alternative Dispute Resolution §§ 91, 118, 252.
6 C.J.S. Arbitration § 40.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-28 - Venue.

A motion pursuant to Section 6 [44-7A-6 NMSA 1978] must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
History:
Laws 2001, ch. 227, § 28.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d. Alternative Dispute Resolution §§ 118, 252.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-30 - Uniformity of application and construction.

In applying and construing the Uniform Arbitration Act [44-7A-1 to 44-7A-32 NMSA 1978], consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2001, ch. 227, § 30.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-31 - Relationship to electronic signatures in global and national commerce act.

The provisions of the Uniform Arbitration Act [44-7A-1 NMSA 1978] governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act.
History:
Laws 2001, ch. 227, § 31.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Cross references.
— For Section 102 of the Electronic Signatures in Global and National Commerce Act,
see
15 USCS § 7002.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-32 - Saving clause.

The Uniform Arbitration Act [44-7A-1 NMSA 1978] does not affect an action or proceeding commenced or right accrued before that act takes effect, subject to Section 3 [44-7A-3 NMSA 1978] of that act.
History:
Laws 2001, ch. 227, § 32.
ANNOTATIONS
Compiler's note.
— Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7B - Mediation Procedures Act › Section 44-7B-1 - Short title.

This act [Chapter 44, Article 7B NMSA 1978] may be cited as the "Mediation Procedures Act".
History:
Laws 2007, ch. 11, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7B - Mediation Procedures Act › Section 44-7B-3 - Scope.

A. Except as otherwise provided in Subsection B of this section, the Mediation Procedures Act [44-7B-1 NMSA 1978] applies to all mediators, nonparty participants, mediation parties and a mediation in which:
(1) the mediation parties are required to mediate by statute or court or administrative agency rule or are referred to mediation by a court, administrative agency or arbitrator; or
(2) the mediation parties and the mediator agree to mediate and the agreement to mediate is evidenced by a record that is signed by the mediation parties.
B. The Mediation Procedures Act does not apply to a mediation:
(1) relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;
(2) relating to a dispute that is pending pursuant to or is part of the processes established by a collective bargaining agreement, except that the Mediation Procedures Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
(3) conducted by a judge who might make a ruling on the case; or
(4) agreed to in writing by the mediation parties and the mediator prior to the mediation not to be covered by the Mediation Procedures Act, declared in writing by a mediation program prior to the mediation or declared in writing by a court or court agency, a government or governmental subdivision, agency or instrumentality of this state or a tribal court, government or agency prior to the mediation not to be covered by the Mediation Procedures Act.
History:
Laws 2007, ch. 11, § 3.
ANNOTATIONS
Effective dates.
— Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7B - Mediation Procedures Act › Section 44-7B-6 - Effect of agreement.

A. If the mediation parties reach a settlement agreement evidenced by a record signed by the mediation parties, the agreement is enforceable in the same manner as any other written contract. The agreement shall not affect any outstanding court order unless the terms of the agreement are incorporated into a subsequent order.
B. A court, administrative agency or arbitrator, in its discretion, may incorporate the terms of the agreement in the order or other document disposing of the matter.
History:
Laws 2007, ch. 11, § 6.
ANNOTATIONS
Effective dates.
— Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-3 - Definitions.

As used in the Receivership Act [44-8-1 NMSA 1978]:
A. "applicant" means an interested person who seeks the appointment of a receiver;
B. "business entity" means a sole proprietorship, a profit or nonprofit corporation, a general or limited partnership, business trust, joint venture or other enterprise composed of one or more persons or entities;
C. "interested person" means any secured or unsecured creditor, a shareholder of a corporation, a general or limited partner of a partnership or a person jointly owning or interested in a receivership estate; and
D. "receivership estate" means tangible and intangible property, its proceeds, profits, substitutions, additions, fixtures and accretions for which a receiver is sought.
History:
Laws 1995, ch. 81, § 3.
ANNOTATIONS
Spouse in a divorce action was an interested party.
— Where the injured spouse was severely injured when the driving spouse attempted to pass on a blind curve and collided head-on with another vehicle; the injured spouse sued the driving spouse for personal injuries and the driving spouse's insurer for bad faith; during the pendency of the personal injury action, the driving spouse filed a divorce action against the injured spouse; and at the injured spouse's request and because of the driving spouse's Alzheimer's disease, the district court appointed a receiver to manage the driving spouse's bad faith claim against the insurer, the injured spouse had a sufficient interest to request the appointment of a receiver because the injured spouse had an interest in preserving community property and separate property assets that could be used in arriving at a final settlement of the marital dispute.
Dydek v. Dydek
, 2012-NMCA-088, 288 P.3d 872.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-4 - Grounds for appointing a receiver.

A. Upon application to a district court, the district court shall appoint a receiver in an action by a mortgagee or secured party or in any other action based upon a contract or other written agreement, where such mortgage, security agreement, contract or other written agreement provides for the appointment of a receiver.
B. Upon application to a district court, the district court may appoint a receiver:
(1) when specific statutory provisions authorize the appointment of a receiver;
(2) in an action between or among persons owning or claiming an interest in the receivership estate;
(3) in actions where receivers have customarily been appointed by courts of law or equity;
(4) when a receiver has been appointed for a business entity or other person by a court of competent jurisdiction in another state, and that receiver seeks to collect, take possession or manage assets of the receivership estate located in New Mexico; or
(5) in any other case where, in the discretion of the district court, just cause exists and irreparable harm may result from failure to appoint a receiver.
History:
Laws 1995, ch. 81, § 4.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-5 - Application for appointment of a receiver.

A. An applicant may apply to the district court for the appointment of a receiver by motion in an action already pending or by a separate petition or complaint.
B. An application for the appointment of a receiver shall be verified and shall contain:
(1) a description of the receivership estate, including the estimated gross monthly income if known, for which the applicant seeks a receiver;
(2) the location of the receivership estate;
(3) a description of the applicant's interest in the receivership estate;
(4) a statement showing that venue in the district court is proper;
(5) a statement of the grounds for the appointment of a receiver; and
(6) a nomination of the proposed receiver.
C. An ex parte hearing to appoint a receiver may be held without written or oral notice to the adverse party or his attorney only if:
(1) it clearly appears from specific facts shown by affidavit or by the verified application that immediate and irreparable injury, loss or damage will result to the applicant or others before the adverse party's attorney can be heard in opposition; and
(2) the applicant's attorney certifies to the court in writing the efforts, if any, that have been made to give the notice and the reasons supporting the attorney's claim that notice should not be required.
D. Every application, proceeding and order for appointment of a receiver granted without notice shall comply with the Rules of Civil Procedure for the District Courts of New Mexico pertaining to temporary restraining orders and appointment of receivers ex parte.
History:
Laws 1995, ch. 81, § 5; 1996, ch. 35, § 10.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-6 - Qualifications for receivers.

A receiver shall meet the following qualifications:
A. the person must be at least eighteen years of age or a corporation or other business entity in good standing authorized to do business in New Mexico;
B. the person must not be otherwise disqualified under applicable state or federal law to administer the receivership estate;
C. before entering on his duties as receiver, the receiver shall sign and file a consent to act as receiver; and
D. upon request and a showing of good cause by an interested party, the district court may require the receiver to post a bond unless the mortgage, security agreement, contract or other written agreement dispenses with the posting of bond. The amount of the bond shall be as ordered by the court.
History:
Laws 1995, ch. 81, § 6.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-7 - Powers and duties of receivers.

Unless otherwise ordered by the district court, a person who acts as a receiver shall:
A. prepare an inventory of the receivership estate within thirty days of appointment and file that inventory with the district court;
B. collect and manage the receivership estate in a reasonable and prudent manner;
C. file monthly operating reports with the district court and provide copies to all parties who have entered an appearance and allow such parties reasonable access to the books and records of the receivership;
D. enter into contracts reasonably necessary to operate, maintain and preserve the receivership estate;
E. take possession of all available books, records and other documents related to the receivership estate;
F. lease assets of the receivership estate in accordance with the powers and limitations contained in the original order of appointment;
G. bring and defend actions in his capacity as receiver to maintain and preserve the receivership estate;
H. subject to prior order of the district court, engage and retain attorneys, accountants, brokers or any other persons and pay their compensation or fees, sell or mortgage property of the receivership estate, borrow money for the receivership estate, make distributions of receivership proceeds to any party or pay compensation to the receiver; and
I. exercise any other powers expressly granted by statute or an order of the district court.
History:
Laws 1995, ch. 81, § 7.
ANNOTATIONS
Duty to account.
— In a divorce proceeding, where the court ordered the wife to manage, oversee and liquidate the parties' assets and to provide monthly accountings to the husband of assets sold and debts paid; the court subsequently appointed a special master to review and resolve issues concerning the liquidation of family businesses; the court subsequently ordered the special master to complete the liquidation of the estate; and the wife continued to be actively involved in the liquidation of the community assets after the special master was appointed, the wife was not relieved of her responsibility to account.
Muse v. Muse
, 2009-NMCA-003, 145 N.M. 451, 200 P.3d 104.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-8 - Compensation.

A receiver and an attorney, accountant, broker and other person duly engaged and retained by the receiver shall be entitled to receive reasonable compensation, to be paid from the receivership estate, in a sum to be fixed or approved by the district court, for services rendered to the receivership estate.
History:
Laws 1995, ch. 81, § 8.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-9 - Removal, death, resignation, substitution and discharge of receiver; termination of receivership.

A. Upon notice and hearing, a receiver may be removed either upon application by an interested person or upon the district court's own motion.
B. The death, resignation or substitution of a receiver, the expiration of a receiver's term of appointment or the dismissal of the action in which a receiver was appointed shall not have the effect of terminating the receivership.
C. A receiver may not resign except by leave of the district court. Leave shall be sought by motion and hearing unless the agreement of all parties obviates the need for a hearing. Leave may provide for the discharge of a receiver, and leave and discharge may be conditioned upon:
(1) the substitution of another receiver;
(2) the preparation and filing of a receiver's report;
(3) the preparation and filing of an accounting;
(4) the delivery of receivership property, accounts and books to a successor or to a person appointed by the district court;
(5) the consent of all interested persons;
(6) the termination of the receivership;
(7) the conclusion of litigation to which a receiver is party; or
(8) such other terms as the district court may order.
D. In the event of the death, resignation or removal of a receiver, the district court shall appoint a successor receiver to oversee a receivership estate. A receiver so appointed succeeds to the powers of his predecessor.
E. Upon disposition of the action concerning the receivership estate, the district court shall enter an order that discharges the receiver from his duties and releases him from any claim or demand of any interested person. Upon the termination of the receiver's duties, the receiver shall prepare and file a final report and account of the receivership and serve it upon all parties who have entered an appearance. Any objections to the receiver's final account and report and claims to surcharge must be filed within ten days of service. Upon settlement of the receiver's final account and report, the district court shall enter an order discharging the receiver from all further duties, releasing him from any claim or demand of any interested person and exonerating any bond that the receiver has been required to post in connection with the receivership.
History:
Laws 1995, ch. 81, § 9.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 8 - Receivership Act › Section 44-8-10 - Appeal and stay of appointment of a receiver.

If an appeal is taken from a district court from a judgment or an order appointing a receiver, perfecting of an appeal from such judgment or order shall not stay enforcement of the judgment or order unless a bond, in a sum fixed by the district court, is given and posted on condition that if the judgment or order is affirmed on the appeal, or if the appeal is withdrawn or dismissed, the appellant will pay all costs and damages that the respondent may sustain by reason of the stay in the enforcement of the judgment or order.
History:
Laws 1995, ch. 81, § 10.
ANNOTATIONS
Severability.
— Laws 1995, ch. 81, § 12 provides for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-1 - Short title.

This act [44-9-1 to 44-9-14 NMSA 1978] may be cited as the "Fraud Against Taxpayers Act".
History:
Laws 2007, ch. 40, § 1.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-4 NMSA 1978.
For the mortgage finance authority,
see
58-18-4 NMSA 1978.
For the New Mexico lottery authority,
see
6-24-5 NMSA 1978.
Effective dates.
— Laws 2007, ch. 40, § 16 made the act effective July 1, 2007.
Severability.
— Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-2 - Definitions.

As used in the Fraud Against Taxpayers Act:
A. "claim" means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision;
B. "employer" includes an individual, corporation, firm, association, business, partnership, organization, trust, charter school and the state and any of its agencies, institutions or political subdivisions;
C. "knowingly" means that a person, with respect to information, acts:
(1) with actual knowledge of the truth or falsity of the information;
(2) in deliberate ignorance of the truth or falsity of the information; or
(3) in reckless disregard of the truth or falsity of the information;
D. "person" means an individual, corporation, firm, association, organization, trust, business, partnership, limited liability company, joint venture or any legal or commercial entity;
E. "political subdivision" means a political subdivision of the state or a charter school; and
F. "state" means the state of New Mexico or any of its branches, agencies, departments, boards, commissions, officers, institutions or instrumentalities, including the New Mexico finance authority, the New Mexico mortgage finance authority and the New Mexico lottery authority.
History:
Laws 2007, ch. 40, § 2; 2015, ch. 128, § 1.
ANNOTATIONS
Cross references.
— For the New Mexico finance authority,
see
6-21-4 NMSA 1978.
For the mortgage finance authority,
see
58-18-4 NMSA 1978.
For the New Mexico lottery authority,
see
6-24-5 NMSA 1978.
The 2015 amendment,
effective June 19, 2015, amended certain definitions in the Fraud Against Taxpayers Act to include political subdivisions and charter schools; in Subsection A, after "by the state", added "or a political subdivision"; in Subsection B, after "trust", added "charter school"; in Subsection D, after "entity", deleted "and"; and added a new Subsection E and redesignated the succeeding subsection accordingly.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-4 - Investigation by the attorney general; delegation; civil action.

A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to the Fraud Against Taxpayers Act.
B. The attorney general may in appropriate cases delegate the authority to investigate or to bring a civil action to the state agency or political subdivision to which a false claim was made, and when this occurs, the state agency or political subdivision shall have every power conferred upon the attorney general pursuant to the Fraud Against Taxpayers Act. If the attorney general has delegated authority to a state agency or political subdivision, all references to the attorney general in the Fraud Against Taxpayers Act shall apply to the delegee.
History:
Laws 2007, ch. 40, § 4; 2015, ch. 128, § 3.
ANNOTATIONS
Cross references.
— For the authority of the attorney general to bring civil and criminal action,
see
8-5-3 NMSA 1978.
The 2015 amendment,
effective June 19, 2015, provided the authority for the attorney general to delegate powers to political subdivisions of the state to investigate suspected violations of the Fraud Against Taxpayers Act; in Subsection A, after "Section", deleted "3 of the Fraud Against Taxpayers Act" and added "44-9-3 NMSA 1978"; in Subsection B, after "action to the state agency", added "or political subdivision", after "occurs, the state agency", added "or political subdivision", and after "Fraud Against Taxpayers Act.", added the last sentence.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-8 - Award of attorney fees and costs to defendant.

If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment.
History:
Laws 2007, ch. 40, § 8; 2015, ch. 128, § 7.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, authorized attorney's fees in civil actions pursuant to the Fraud Against Taxpayers Act when the defendant prevails against a qui tam plaintiff who proceeds with the action without the state or political subdivision as a party to the action; and after "If the state", added "or political subdivision".
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-10 - State or political subdivision not liable.

The state or political subdivision shall not be liable for expenses or fees that a qui tam plaintiff may incur in investigating or bringing an action pursuant to the Fraud Against Taxpayers Act.
History:
Laws 2007, ch. 40, § 10; 2015, ch. 128, § 9.
ANNOTATIONS
The 2015 amendment,
effective June 19, 2015, provided that political subdivisions are not liable for expenses or fees that a qui tam plaintiff may incur in bringing an action pursuant to the Fraud Against Taxpayers Act; in the catchline, added "or political subdivision"; and at the beginning of the sentence, after "The state", added "or political subdivision".
The district court did not err in accepting the terms of the settlement agreement in the qui tam action.
— In a qui tam action, where the district court entered a judgment that dismissed the plaintiffs' Fraud Against Taxpayers Act (FATA) claims in their entirety and also approved a settlement negotiated by the attorney general's office (AGO), and where the plaintiffs filed a motion asserting that the attorney fee provision of the settlement agreement was precluded by FATA, the district court did not err in denying plaintiffs' motion, because New Mexico has a strong public policy of encouraging settlements, the provisions of FATA do not prohibit a lump sum settlement, and the lump sum settlement agreed upon in this case was an acceptable way to resolve the qui tam action.
State ex rel. Foy v. Vanderbilt Capital Advisors
, 2022-NMCA-026, cert. denied.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-11 - Employer interference with employee disclosure; private action for retaliation.

A. An employer shall not make, adopt or enforce a rule, regulation or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting in furtherance of a fraud against taxpayers action, including investigating, initiating, testifying or assisting in an action filed or to be filed pursuant to the Fraud Against Taxpayers Act [44-9-1 NMSA 1978].
B. An employer shall not discharge, demote, suspend, threaten, harass, deny promotion to or in any other manner discriminate against an employee in the terms and conditions of employment because of the lawful acts of the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a fraud against taxpayers action, including investigating, initiating, testifying or assisting in an action filed or to be filed pursuant to the Fraud Against Taxpayers Act.
C. An employer that violates Subsection B of this section shall be liable to the employee for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the violation, two times the amount of back pay with interest on the back pay, compensation for any special damage sustained as a result of the violation and, if appropriate, punitive damages. In addition, an employer shall be required to pay the litigation costs and reasonable attorney fees of the employee. An employee may bring an action pursuant to this section in any court of competent jurisdiction.
History:
Laws 2007, ch. 40, § 11.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007.
Severability.
— Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-13 - Joint and several liability.

Liability shall be joint and several for any act committed by two or more persons in violation of the Fraud Against Taxpayers Act [44-9-1 NMSA 1978].
History:
Laws 2007, ch. 40, § 13.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007.
Severability.
— Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 9 - Fraud Against Taxpayers Act › Section 44-9-14 - Remedy not exclusive.

The remedies provided for in the Fraud Against Taxpayers Act [44-9-1 NMSA 1978] are not exclusive and shall be in addition to any other remedies provided for in any other law or available under common law.
History:
Laws 2007, ch. 40, § 14.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 40, § 16 makes the act effective July 1, 2007.
Severability.
— Laws 2007, ch. 40, § 15 provides for the severability of the Fraud Against Taxpayers Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-1 - Short title.

Sections 1 through 8 of this act may be cited as the "Uniform Unsworn Foreign Declarations Act".
History:
Laws 2009, ch. 78, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-2 - Definitions.

As used in the Uniform Unsworn Foreign Declarations Act:
A. "boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States;
B. "law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order and an administrative rule, regulation or order;
C. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
D. "sign" means, with present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or process.
E. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;
F. "sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate and affidavit; and
G. "unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
History:
Laws 2009, ch. 78, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-3 - Applicability.

The Uniform Unsworn Foreign Declarations Act applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. The Uniform Unsworn Foreign Declarations Act does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
History:
Laws 2009, ch. 78, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-4 - Validity of unsworn declaration.

A. Except as otherwise provided in Subsection B of this section, if a law of New Mexico requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of the Uniform Unsworn Foreign Declarations Act has the same effect as a sworn declaration.
B. The Uniform Unsworn Foreign Declarations Act does not apply to:
(1) a deposition;
(2) an oath of office;
(3) an oath required to be given before a specified official other than a notary public;
(4) a declaration to be recorded in records affecting real property pursuant to Section 14-9-1 or 14-9-7 NMSA 1978; or
(5) an oath required for self-proved wills by Section 45-2-504 NMSA 1978.
History:
Laws 2009, ch. 78, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-5 - Required medium.

If a law of New Mexico requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium.
History:
Laws 2009, ch. 78, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-6 - Form of unsworn declaration.

An unsworn declaration pursuant to the Uniform Unsworn Foreign Declarations Act shall be in substantially the following form:
"I declare under penalty of perjury under the law of New Mexico that the foregoing is true and correct and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the
________
day of
________,
_______,
at
(date)
(month)
(year)
,
(city or other location, and state)
___________.
(country)
_______________________
(printed name)
_______________________
(signature)".
History:
Laws 2009, ch. 78, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-7 - Uniformity of application and construction.

In applying and construing the Uniform Unsworn Foreign Declarations Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2009, ch. 78, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 10 - Uniform Unsworn Foreign Declarations Act › Section 44-10-8 - Relation to Electronic Signatures in Global and National Commerce Act.

The Uniform Unsworn Foreign Declarations Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
History:
Laws 2009, ch. 78, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 1 - Uniform Probate Code › Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › Section 45-1-101 - Short title.

Chapter 45 NMSA 1978 may be cited as the "Uniform Probate Code".
History:
1953 Comp., § 32A-1-101, enacted by Laws 1975, ch. 257, § 1-101; 1993, ch. 174, § 2.
ANNOTATIONS
Cross references.
— For estate taxes,
see
7-7-1 to 7-7-12 NMSA 1978.
For disposition of unclaimed property,
see
7-8A-1 NMSA 1978.
For probate courts,
see
34-7-1 NMSA 1978 et seq.
For additional record or docket of decedents' estates,
see
34-7-20 NMSA 1978.
For record of bonds and wills,
see
34-7-21 NMSA 1978.
For probate court forms,
see
4B-001 NMRA.
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 45 NMSA 1978" for "This act" and inserted "Uniform".
Law reviews.
— For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975).
For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M.L. Rev. 213 (1976).
For comment, "In-Migration of Couples from Common Law Jurisdictions: Protecting the Wife at the Dissolution of the Marriage," see 9 N.M.L. Rev. 113 (1978-79).
For article, "Survey of New Mexico Law, 1979-80: Estates and Trusts," see 11 N.M.L. Rev. 151 (1981).
For annual survey of New Mexico law relating to estates and trusts, see 12 N.M.L. Rev. 363 (1982).
For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983).
For article, "Survey of New Mexico Law, 1982-83: Estates and Trusts," see 14 N.M.L. Rev. 153 (1984).
For annual survey of New Mexico law of estates and trusts, 19 N.M.L. Rev. 669 (1990).
For annual survey of New Mexico Law of Wills and Trusts, see 20 N.M.L. Rev. 439 (1990).
For article, "The New Mexico Uniform Trust Code," see 34 N.M.L. Rev. 1 (2004).
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 1 - Uniform Probate Code › Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › Section 45-1-103 - Supplementary general principles of law applicable.

The principles of law and equity supplement the [Uniform] Probate Code's provisions, unless specifically displaced by particular provisions of the code.
History:
1953 Comp., § 32A-1-103, enacted by Laws 1975, ch. 257, § 1-103.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Principles of equity.
— The district court sitting in probate and the probate courts are not invested with general civil jurisdiction, but they do have the power to apply principles of equity in and of their functions as probate courts unless specifically displaced by provisions of the Uniform Probate Code.
In re Estates of Salas
, 1987-NMCA-018, 105 N.M. 472, 734 P.2d 250.
Supplemental award of attorney's fees
is authorized for services rendered which confer a benefit upon the estate.
In re Estate of Foster
, 1985-NMCA-038, 102 N.M. 707, 699 P.2d 638.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 1 - Uniform Probate Code › Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › Section 45-1-104 - Severability.

If any provision of the Uniform Probate Code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of that code that can be given effect without the invalid provision or application, and to this end, the provisions of the code are severable.
History:
1953 Comp., § 32A-1-104, enacted by Laws 1975, ch. 257, § 1-104; 2011, ch. 124, § 2.
ANNOTATIONS
The 2011 amendment,
effective January 1, 2012, revised the language of this section to clarify the scope of the severability provision.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 1 - Uniform Probate Code › Part 1 - SHORT TITLE, CONSTRUCTION AND GENERAL PROVISIONS › Section 45-1-105 - Construction against implied repeal, amendment or expansion.

The [Uniform] Probate Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed, amended or expanded by subsequent legislation.
History:
1953 Comp., § 32A-1-105, enacted by Laws 1975, ch. 257, § 1-105.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.