reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-3 - Action maintainable by spouse, children, heirs, executors, administrators and creditors or [of] loser.

The spouse, children, heirs, executors, administrators and creditors of the person losing may have the same remedy against the winner as provided in Sections 44-5-1 and 44-5-2 NMSA 1978.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 3; C.L. 1884, § 2292; C.L. 1897, § 3201; Code 1915, § 2509; C.S. 1929, § 58-103; 1941 Comp., § 25-1003; 1953 Comp., § 22-10-3; Laws 1973, ch. 59, § 1.
ANNOTATIONS
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gambling §§ 226, 228.
Assignment of, or succession to, statutory right of action for recovery of money lost at gambling, 18 A.L.R.2d 999.
38 C.J.S. Gaming § 48.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-5 - [Defense in action by assignee.]

The assignment of any bond, bill, note, judgment, conveyance or other security, shall not affect the defense of the person executing the same.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 5; C.L. 1884, § 2294; C.L. 1897, § 3203; Code 1915, § 2511; C.S. 1929, § 58-105; 1941 Comp., § 25-1005; 1953 Comp., § 22-10-5.
ANNOTATIONS
Cross references.
— For the rights of a transferee of a negotiable instrument,
see
55-3-203 NMSA 1978.
For the rights of a holder in due course,
see
55-3-301 NMSA 1978 et seq.
For the rights of one not a holder in due course,
see
55-3-306 NMSA 1978.
Party knowingly loaning money for gambling cannot recover by suit.
Appleton v. Maxwell
, 1901-NMSC-009, 10 N.M. 748, 65 P. 58.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gambling §§ 208 to 210.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-6 - [Loss by minor, servant or apprentice in grocery, store or dramshop; proprietor liable; who may sue.]

If any minor, servant or apprentice shall lose any money or property in any grocery, store or dramshop by betting at cards, or any other gambling device, or by any other bet, wager or hazard whatever, the father, mother, relations or guardian of such minor, or the master of such apprentice or servant may sue for and recover from the keeper of such grocery, store or dramshop, such money or property or the value thereof, so lost by such minor, apprentice or servant.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 6; C.L. 1884, § 2295; C.L. 1897, § 3204; Code 1915, § 2512; C.S. 1929, § 58-106; 1941 Comp., § 25-1006; 1953 Comp., § 22-10-6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling § 234.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-7 - [How defenses under this article may be asserted.]

Any matter of defense, under this chapter [44-5-1 to 44-5-14 NMSA 1978], may be specially pleaded, or given in evidence, under the general issue.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 7; C.L. 1884, § 2296; C.L. 1897, § 3205; Code 1915, § 2513; C.S. 1929, § 58-107; 1941 Comp., § 25-1007; 1953 Comp., § 22-10-7.
ANNOTATIONS
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gambling §§ 257, 258.
38 C.J.S. Gaming § 63.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-8 - [Suit before magistrate; interrogatories to defendant.]

In all suits, under this chapter [44-5-1 to 44-5-14 NMSA 1978], before a justice of the peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any interrogatory touching the case, and if the defendant refuse to answer, the same shall be taken as confessed.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 8; C.L. 1884, § 2297; C.L. 1897, § 3206; Code 1915, § 2514; C.S. 1929, § 58-108; 1941 Comp., § 25-1008; 1953 Comp., § 22-10-8.
ANNOTATIONS
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Laws 1968, ch. 62, § 40, abolishes the office of justice of the peace and provides that whenever the term "justice of the peace" occurs in the laws it shall be construed to refer to the magistrate court. See 35-1-38 NMSA 1978.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-9 - [Answer to interrogatories not evidence in criminal prosecution.]

Such answer shall not be admitted against such person as evidence in any criminal proceeding.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 9; C.L. 1884, § 2298; C.L. 1897, § 3207; Code 1915, § 2515; C.S. 1929, § 58-109; 1941 Comp., § 25-1009; 1953 Comp., § 22-10-9.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-10 - [Election bets included.]

Bets and wagers on an election authorized by the constitution and laws of the United States, or by the laws of this state, are gaming within the meaning of this chapter [44-5-1 to 44-5-14 NMSA 1978].
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 10; C.L. 1884, § 2299; C.L. 1897, § 3208; Code 1915, § 2516; C.S. 1929, § 58-110; 1941 Comp., § 25-1010; 1953 Comp., § 22-10-10.
ANNOTATIONS
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Section applied to sheriff's election at general election.
— This section applied to a bet or wager upon the result of the election of sheriff at a general election.
Armstrong v. Aragon
, 1905-NMSC-003, 13 N.M. 19, 79 P. 291.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 C.J.S. Gaming § 89.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-11 - [Stakeholder's liability; demand required.]

Every stakeholder who shall knowingly receive any money or property, staked upon any betting, declared gaming by the provisions of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet, and the delivery of the money or property to the winner shall be no defense to an action brought by the loser for the recovery thereof: provided, that no stakeholder shall be liable afterwards, unless a demand has been made upon such stakeholder for the money or property in his possession previous to the expiration of the time agreed upon by the parties for the determination of such bet or wager.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 11; C.L. 1884, § 2300; C.L. 1897, § 3209; Code 1915, § 2517; C.S. 1929, § 58-111; 1941 Comp., § 25-1011; 1953 Comp., § 22-10-11.
ANNOTATIONS
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Public policy against gambling overrides rule preventing unjust enrichment.
— The public policy of New Mexico is to restrain and discourage gambling and must override the rule which prevents unjust enrichment, particularly where there is a choice between that which is considered to be for the benefit of the public at large as distinguished from any benefit to an individual litigant.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922.
Action cannot be maintained on contract that is illegal
or against public policy, where both parties are equally culpable.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922.
This section makes stakeholder liable for money placed in his hands
"staked upon any betting." Where defendant was not a stakeholder - but a party to an illegal act - law will leave the parties where it found them.
Schnoor v. Griffin
, 1968-NMSC-067, 79 N.M. 86, 439 P.2d 922.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gambling §§ 247, 248 to 250.
Recovery of money or property entrusted to another for illegal purpose, but not so used, 8 A.L.R.2d 307.
38 C.J.S. Gaming § 49.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-12 - [Garnishment against winner in action by creditor against loser.]

Any creditor to any person losing by any game at cards or any other gambling device, in addition to the remedy provided by the above sections of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall have the right to garnishee the winner in any proceeding by attachment or execution, and the same proceeding shall be had thereon as if such winner were a debtor of the party losing to the amount of money, property, rights or credits, that may appear to have been so won by said winner from the party losing.
History:
Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 12; C.L. 1884, § 2301; C.L. 1897, § 3210; Code 1915, § 2518; C.S. 1929, § 58-112; 1941 Comp., § 25-1012; 1953 Comp., § 22-10-12.
ANNOTATIONS
Cross references.
— For procedures in garnishment proceedings,
see
35-12-1 to 35-12-19 NMSA 1978.
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-13 - [Time for commencing action.]

Any action for money or property brought under this chapter [44-5-1 to 44-5-14 NMSA 1978], shall be commenced within one year from the time such action accrued, and not afterwards.
History:
Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 13; C.L. 1884, § 2302; C.L. 1897, § 3211; Code 1915, § 2519; C.S. 1929, § 58-113; 1941 Comp., § 25-1013; 1953 Comp., § 22-10-13.
ANNOTATIONS
Compiler's notes.
— The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Losses over one-year old cannot be set-off.
— In a suit brought to recover money lost at gambling within one year prior to the bringing of such action, moneys won at gambling by the plaintiff from the defendant more than one year prior to the commencement of action by the plaintiff to recover his losses cannot be pleaded as a set-off or counterclaim to the original cause of action.
Mann v. Gordon
, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.
Loss occurs at time game played, not when money paid.
— Where, in action to recover money lost at gaming device, it was in evidence that the plaintiff did not settle the loss at the time of the play, but about six weeks later he gave a check which defendant cashed, the loss occurred at the time the game was played, and not when the check was given or the money paid.
Mann v. Gordon
, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.
Objection to counterclaim barred by limitations sustained.
— An objection to a counterclaim which pleaded a cause of action under the gaming statutes barred by the statutes of limitation was properly sustained.
Mann v. Gordon
, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
38 Am. Jur. 2d Gambling §§ 238 to 243.
Action to recover money or property lost and paid through gambling as affected by statute of limitations, 22 A.L.R.2d 1390.
38 C.J.S. Gaming § 60.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 5 - Gambling Debts and Losses › Section 44-5-14 - Action for recovery; immunity.

All persons who shall claim money or property lost at gaming, or when said money or property may be claimed by his spouse, child, relation or friend, said person, although he may have gambled, is hereby exempted from the punishment imposed by the laws prohibiting and restraining gaming.
History:
Laws 1856-1857, p. 38; C.L. 1865, ch. 36, § 14; C.L. 1884, § 2303; C.L. 1897, § 3212; Code 1915, § 2520; C.S. 1929, § 58-114; 1941 Comp., § 25-1014; 1953 Comp., § 22-10-14; Laws 1973, ch. 59, § 2.
ANNOTATIONS
Specific gambling penalty did not impliedly repeal this section.
— Laws 1921, ch. 86 (since repealed) did not repeal by implication the exemption provision (this section) when it imposed a specific penalty for gambling.
State v. Schwartz
, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
This statute (44-5-1 to 44-5-14 NMSA 1978) was designed to discourage gambling
by depriving the person winning any of the things therein enumerated of any title thereto, and by providing the right to recover same.
State v. Schwartz
, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
After gambling prosecution, person may not invoke these provisions.
— The statute (44-5-1 to 44-5-14 NMSA 1978) imposes a duty upon one invoking it. It requires him to come forward, disclose and make known the criminal act by the filing of a civil action for recovery of his losses. He may not delay such disclosure until such time as he is charged with the offense and then reap the benefits of the statute.
State v. Schwartz
, 1962-NMSC-119, 70 N.M. 436, 374 P.2d 418.
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-1 - Short title.

This act [44-6-1 to 44-6-15 NMSA 1978] may be cited as the "Declaratory Judgment Act."
History:
1953 Comp., § 22-6-4, enacted by Laws 1975, ch. 340, § 1.
ANNOTATIONS
Cross references.
— For procedure with respect to declaratory judgment,
see
Rule 1-057 NMRA.
Law reviews.
— For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).
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 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-3 - Definition.

As used in the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], "person" means any person, partnership, joint stock company, unincorporated association or society or municipal or other corporation of any character whatsoever.
History:
1953 Comp., § 22-6-6, enacted by Laws 1975, ch. 340, § 3.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-4 - Power to construe.

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
History:
1953 Comp., § 22-6-7, enacted by Laws 1975, ch. 340, § 4.
ANNOTATIONS
Action to declare rights under the Property Tax Code.
— A claim seeking to invalidate a tax sale due to inadequacy of price may be directed solely at the third-party purchasers of the property.
Valenzuela v. Snyder
, 2014-NMCA-061, cert. granted, 2014-NMCERT-005.
Where plaintiffs owed delinquent property taxes; the department sold the property at auction; the department established the minimum bid as $215; the fair market value of the property was at least $25,000; the buyers of the property, who were the only bidders, paid $215 for the property; the department issued a tax deed to the buyers; and plaintiffs filed suit against the buyers to set aside the sale, the suit against the buyers was permissible.
Valenzuela v. Snyder
, 2014-NMCA-061, cert. granted, 2014-NMCERT-005.
Challenges to administrative entity's authority to act.
— A declaratory judgment action challenging an administrative entity's authority to act ordinarily should be limited to purely legal issues that do not require fact-finding by the administrative entity.
Smith v. City of Santa Fe
, 2007-NMCA-055, 142 N.M. 786, 171 P.3d 300.
Action alleging proposed expenditure unconstitutional not premature.
— Because the bond issue money has not been raised, nor spent, does not make this a premature suit for declaratory judgment, seeking a declaration that proposed expenditure of money was unconstitutional.
Gomez v. Board of Educ.
, 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 22A Am. Jur. 2d Declaratory Judgments §§ 68 to 86.
Determination of constitutionality of statute or ordinance, or proposed statute or ordinance, as proper subject of judicial decision under Declaratory Judgment Act, 114 A.L.R. 1361.
Application of Declaratory Judgment Act to questions in respect of contracts or alleged contracts, 162 A.L.R. 756.
Interest necessary to maintenance of declaratory determination of validity of statute or ordinance, 174 A.L.R. 549.
"Actual controversy" under declaratory judgment statute in zoning and building restriction cases, 174 A.L.R. 853.
Tax questions as proper subject of action for declaratory judgment, 11 A.L.R.2d 359.
Validity, construction and application of criminal statutes or ordinances as proper subject for declaratory judgment, 10 A.L.R.3d 727.
26 C.J.S. Declaratory Judgments §§ 44 to 52.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-5 - Contract construction.

A contract may be construed either before or after there has been a breach thereof.
History:
1953 Comp., § 22-6-8, enacted by Laws 1975, ch. 340, § 5.
ANNOTATIONS
Action alleging proposed bond issue expenditure unconstitutional not premature.
Gomes v. Board of Educ.
, 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 22A Am. Jur. 2d Declaratory Judgments §§ 62 to 65.
26 C.J.S. Declaratory Judgments §§ 53 to 59.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-6 - Enumeration not exclusive.

The enumeration in Sections 4 [44-6-4 NMSA 1978] and 5 [44-6-5 NMSA 1978] of the Declaratory Judgment Act does not limit or restrict the exercise of the general powers conferred in Section 2 [44-6-2 NMSA 1978], in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
History:
1953 Comp., § 22-6-9, enacted by Laws 1975, ch. 340, § 6.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-7 - Discretionary.

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
History:
1953 Comp., § 22-6-10, enacted by Laws 1975, ch. 340, § 7.
ANNOTATIONS
Decision to accept declaratory judgment jurisdiction discretionary and reviewable.
— Whether a court assumes, takes, entertains, accepts or exercises jurisdiction in a declaratory judgment action, or refuses so to do, it is acting within its discretionary power which is subject to review for an alleged abuse thereof.
Allstate Ins. Co. v. Firemen's Ins. Co.
, 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553.
Discretion must be based on good reason.
— The exercise of discretion to grant or refuse declaratory relief under this section must find its basis in good reason.
Sunwest Bank v. Clovis IV
, 1987-NMSC-065, 106 N.M. 149, 740 P.2d 699.
Disputed interpretation of arbitration contract.
— Where a complaint for declaratory judgment raises questions of law arising from the disputed interpretation of an arbitration contract, the proper forum for resolution of such questions is the trial court.
Guaranty Nat'l Ins. Co. v. Valdez
, 1988-NMSC-090, 107 N.M. 764, 764 P.2d 1322.
Discretion held not to have been abused.
— The trial court is vested with broad discretion to grant or refuse claims for declaratory relief, and where a ruling that there existed full legal and public access to plaintiff's property would not have terminated the controversy giving rise to the action, the trial court did not abuse its discretion in refusing to rule on the matter.
Colborne v. Village of Corrales
, 1987-NMSC-060, 106 N.M. 103, 739 P.2d 972.
Determination of remedy may be had before hearing on merits.
— Contention that it was mandatory on the district court to hear a case on the merits before it could exercise its discretion to determine whether a declaratory judgment was the appropriate remedy and whether a declaration should be granted or denied was without merit.
Allstate Ins. Co. v. Firemen's Ins. Co.
, 1966-NMSC-120, 76 N.M. 430, 415 P.2d 553.
Law reviews.
— For annual survey of New Mexico law of civil procedure, 19 N.M.L. Rev. 627 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Declaratory Judgments §§ 17 to 22.
26 C.J.S. Declaratory Judgments §§ 11, 12.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-8 - Review.

All orders, judgments and decrees under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] may be reviewed as other order [orders], judgments and decrees.
History:
1953 Comp., § 22-6-11, enacted by Laws 1975, ch. 340, § 8.
ANNOTATIONS
Cross references.
— For appeals generally,
see
Rules 12-201 to 12-216 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Appellate Review § 117.
26 C.J.S. Declaratory Judgments § 163.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-10 - Jury trial.

When a proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
History:
1953 Comp., § 22-6-13, enacted by Laws 1975, ch. 340, § 10.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Declaratory Judgments §§ 228, 230.
Jury trial in action for declaratory relief, 131 A.L.R. 218, 13 A.L.R.2d 777.
Right to jury trial in action for declaratory relief in state court, 33 A.L.R.4th 146.
26 C.J.S. Declaratory Judgments §§ 155, 156.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-11 - Costs.

In any proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the court may make an award of costs as may seem equitable and just.
History:
1953 Comp., § 22-6-14, enacted by Laws 1975, ch. 340, § 11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Declaratory Judgments § 253.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-12 - Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.
History:
1953 Comp., § 22-6-15, enacted by Laws 1975, ch. 340, § 12.
ANNOTATIONS
Necessary parties.
— Injured third-party claimant may participate in a declaratory judgment action brought by an automobile insurance company against its insured seeking to deny coverage under its policy. Third-party claimants are necessary parties to such declaratory judgment actions.
Gallegos v. Nevada Gen. Ins.Co.
, 2011-NMCA-004, 149 N.M. 364, 248 P.3d 912.
Attorney general to be served where constitutionality of statute questioned.
— This section requires service upon the attorney general not only when it is alleged that a statute, on its face, is unconstitutional but also where the statute is alleged to be unconstitutional in its application to a particular person.
Lazo v. Board of Cnty. Comm'rs
, 1984-NMSC-111, 102 N.M. 35, 690 P.2d 1029.
Taxpayers.
— Rule 1-019 NMRA does not require joinder of every person who might have standing to challenge an action, and neither does this section; requiring the joinder of every citizen or taxpayer in the suit would defeat the purpose of the Declaratory Judgment Act.
San Juan Water Comm'n v. Taxpayers & Water Users
, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Declaratory Judgments §§ 203, 204, 209 to 211.
Joinder of causes of action and parties in suit under Declaratory Judgment Act, 110 A.L.R. 817.
Construction, application and effect of § 11 of the Uniform Declaratory Judgments Act that all persons who have or claim any interest which would be affected by the declaration shall be made parties, 71 A.L.R.2d 723.
26 C.J.S. Declaratory Judgments §§ 121, 130, 131, 132.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-14 - Construction.

The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be remedial. The act's purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.
History:
1953 Comp., § 22-6-17, enacted by Laws 1975, ch. 340, § 14.
ANNOTATIONS
Actions not intended as substitute for mandamus.
— Declaratory judgment actions are not intended to provide a substitute for other available actions, such as mandamus. A mandamus will not be denied on the ground that the plaintiff did not bring a declaratory judgment action.
City of Albuquerque v. Ryon
, 1987-NMSC-121, 106 N.M. 600, 747 P.2d 246.
Law reviews.
— For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
22A Am. Jur. 2d Declaratory Judgments §§ 7 to 10.
26 C.J.S. Declaratory Judgments §§ 3, 7, 8, 9.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 6 - Declaratory Judgments › Section 44-6-15 - Uniformity of interpretation.

The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
History:
1953 Comp., § 22-6-18, enacted by Laws 1975, ch. 340, § 15.
ANNOTATIONS
Severability.
— Laws 1975, ch. 340, § 17, provides for the severability of the Declaratory Judgment Act, except for sections 2 and 4 (44-6-2 and 44-6-4 NMSA 1978), if any part or application thereof is held invalid.
Law reviews.
— For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7 - Arbitration (Repealed.) › Section 44-7-1 to 44-7-22 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 227, § 33 repealed 44-7-1 through 44-7-22 NMSA 1978, as enacted by Laws 1971, ch. 168, §§ 1 to 23, the former Uniform Arbitration Act, effective July 1, 2001. For provisions of former sections,
see
the 2000 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
44-7A-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-2 - Notice.

(a) Except as otherwise provided in the Uniform Arbitration Act [44-7A-1 NMSA 1978], a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(b) A person has notice if the person has knowledge of the notice or has received notice.
(c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
History:
Laws 2001, ch. 227, § 2.
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.
Effect of failure of proper notice.
— Because the appellant was prejudiced by the arbitrator's failure to give him proper notice of the third hearing, and because the failure to give notice was sufficient cause to require the arbitrator to postpone the hearing, the trial court erred when it failed to vacate the arbitration award pursuant to 44-7-12A(4) NMSA 1978 (now 44-7A-24 NMSA 1978).
Jaycox v. Ekeson
, 1993-NMSC-036, 115 N.M. 635, 857 P.2d 35.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Alternative Dispute Resolution § 183.
Necessity and sufficiency of notice of and hearing in proceedings before appraisers and arbitrators appointed to determine amount of insurance loss, 25 A.L.R.3d 680.
6 C.J.S. Arbitration § 83.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-3 - When the uniform arbitration applies.

(a) The Uniform Arbitration Act [44-7A-1 NMSA 1978] governs an agreement to arbitrate made on or after the effective date of that act.
(b) The Uniform Arbitration Act governs an agreement to arbitrate made before the effective date of that act if all the parties to the agreement or to the arbitration proceeding so agree in a record.
History:
Laws 2001, ch. 227, § 3.
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-5 - Disabling civil dispute clause voidable.

In the arbitration of a dispute between a consumer, borrower, tenant or employee and another party, a disabling civil dispute clause contained in a document relevant to the dispute is unenforceable against and voidable by the consumer, borrower, tenant or employee. If the enforcement of such a clause is at issue as a preliminary matter in connection with arbitration, the consumer, borrower, tenant or employee may seek judicial relief to have the clause declared unenforceable in a court having personal jurisdiction of the parties and subject matter jurisdiction of the issue.
History:
Laws 2001, ch. 227, § 5.
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. —
Constitutionality of compulsory arbitration statutes, 55 A.L.R.2d 432.
Validity and enforceability of provision for binding arbitration, and waiver thereof, 24 A.L.R.3d 1325.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-6 - Application for judicial relief.

(a) Except as otherwise provided in Section 28 [44-7A-28 NMSA 1978], an application for judicial relief under the Uniform Arbitration Act [44-7A-1 NMSA 1978] must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under the Uniform Arbitration Act must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
History:
Laws 2001, ch. 227, § 6.
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 motions generally,
see
Rules 1-007 to 1-016 NMRA.
For service of summons,
see
Rule 1-004 NMRA.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-9 - Provisional remedies.

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(b) After an arbitrator is appointed and is authorized and able to act:
(1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
(2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(c) A party does not waive a right of arbitration by making a motion under Subsection (a) or (b).
History:
Laws 2001, ch. 227, § 9.
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-10 - Initiation of arbitration.

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(b) Unless a person objects for lack or insufficiency of notice under Section 16(c) [44-7A-16 NMSA 1978] not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.
History:
Laws 2001, ch. 227, § 10.
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 § 177.
6 C.J.S. Arbitration § 76.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-13 - Disclosure by arbitrator.

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) a financial or personal interest in the outcome of the arbitration proceeding; and
(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or other arbitrators.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator. If an arbitrator discloses a fact required by Subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under Section 24(a)(2) [44-7A-24 NMSA 1978] for vacating an award made by the arbitrator.
(c) If the arbitrator did not disclose a fact as required by Subsection (a) or (b), upon timely objection by a party, the court under Section 24(a)(2) may vacate an award.
(d) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under Section 24(a)(2).
(e) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under Section 24(a)(2).
History:
Laws 2001, ch. 227, § 13.
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.
Potential neutral arbitrators need not sever all their ties with the business world.
Ormsbee Dev. Co. v. Grace
, 668 F.2d 1140 (10th Cir.), cert. denied, 459 U.S. 838, 103 S. Ct. 84, 74 L. Ed. 2d 79 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Alternative Dispute Resolution § 154 et seq.
Disqualification of arbitrator by court or stay of arbitration proceedings prior to award, on ground of interest, bias, prejudice, collusion or fraud of arbitrators, 65 A.L.R.2d 755.
6 C.J.S. Arbitration § 63.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-14 - Action by majority.

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Section 16(c) [44-7A-16 NMSA 1978].
History:
Laws 2001, ch. 227, § 14.
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 § 154 et seq.
6 C.J.S. Arbitration § 90, 91.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-15 - Immunity of arbitrator; competency to testify; attorney's fees and costs.

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(b) The immunity afforded by this section supplements any immunity under other law.
(c) The failure of an arbitrator to make a disclosure required by Section 13 [44-7A-13 NMSA 1978] does not cause any loss of immunity under this section.
(d) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
(1) to the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or
(2) to a hearing on a motion to vacate an award under Section 24(a)(1) or (2) [44-7A-24 NMSA 1978] if the movant establishes prima facie that a ground for vacating the award exists.
(e) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of Subsection (d), and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney's fees and other reasonable expenses of litigation.
History:
Laws 2001, ch. 227, § 15.
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. —
Liability of organization sponsoring or administering arbitration to parties involved in proceeding, 41 A.L.R.4th 1013.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-17 - Representation by lawyer.

A party to an arbitration proceeding may be represented by a lawyer.
History:
Laws 2001, ch. 227, § 17.
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.
Malcious abuse of process.
— Defendant's initiation of judicial proceedings against the plaintiff is no longer a required element of malicious abuse of process and arbitration proceedings are judicial proceedings for the purpose of the malicious abuse of process tort. Durham v. Guest, 2009-NMSC-007, 145 N.M. 694, 204 P.3d 19.
Attorney liability.
— An arbitration proceeding is an adversarial proceeding and an attorney who is representing a client in an arbitration proceeding is not liable for aiding and abetting a breach of the client's fiduciary duty unless the attorney acts outside the scope of representation, acts only in his or her self-interest and contrary to the client's interest, or acts in a manner that would fall within the "crime or fraud" exception to the attorney-client privilege. Durham v. Guest, 2007-NMCA-144, 142 N.M. 817, 171 P.3d 756, rev'd on other grounds, 2009-NMSC-007, 145 N.M. 694, 204 P.3d 19.
2023 New Mexico Statutes › Chapter 44 - Miscellaneous Civil Law Matters › Article 7A - Uniform Arbitration › Section 44-7A-19 - Judicial enforcement of pre-award ruling by arbitrator.

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under Section 20 [44-7A-20 NMSA 1978]. A prevailing party may make a motion to the court for an expedited order to confirm the award under Section 23 [44-7A-23 NMSA 1978], in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under Section 24 or 25 [44-7A-24 or 44-7A-25 NMSA 1978].
History:
Laws 2001, ch. 227, § 19.
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-20 - Award.

(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
History:
Laws 2001, ch. 227, § 20.
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.
Delivery method important if delivery does not occur within limits.
— Where delivery is not accomplished by the method required by this section, the important consideration is whether delivery actually occurs within the required time. The method becomes important if the delivery is not accomplished within the required time, although the statutory method of posting is complied with.
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 § 191 et seq.
Death of party to arbitration agreement before award as revocation or termination of submission, 63 A.L.R.2d 754.
Failure of arbitrators to make award within specified time limit, 56 A.L.R.3d 815.
Referee's failure to file report within time specified by statute, court order, or stipulation as terminating reference, 71 A.L.R.4th 889.
6 C.J.S. Arbitration § 95 et seq.