reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-7 - Appeals from district court; special statutory proceedings.

Within thirty days from the entry of any final judgment or decision, any interlocutory order or decision which practically disposes of the merits of the action or any final order after entry of judgment which affects substantial rights, in any special statutory proceeding in the district court, any party aggrieved may appeal therefrom to the supreme court or to the court of appeals, as appellate jurisdiction may be vested by law in these courts.
History:
Laws 1937, ch. 197, § 1; 1941 Comp., § 19-1005; 1953 Comp., § 21-10-5; Laws 1966, ch. 28, § 39.
ANNOTATIONS
Cross references.
— For appellate jurisdiction of supreme court,
see
N.M. Const., art. VI, § 2.
For court of appeals jurisdiction,
see
N.M. Const., art. VI, § 29.
For special statutory proceedings,
see
Rule 12-601 NMRA.
This section allows interlocutory appeals
to aggrieved parties in special proceedings.
State v. Jade G.
, 2005-NMCA-019, 137 N.M. 128, 108 P.3d 534,
aff'd
, 2007-NMSC-010, 141 N.M. 284, 154 P.3d 659.
Applicability to tax sales.
— This section does not apply to proceeding for sale of property and tax sale certificates.
In re Sevilleta De La Joya Grant
, 1937-NMSC-024, 41 N.M. 305, 68 P.2d 160;
In re Blatt
, 1937-NMSC-018, 41 N.M. 269, 67 P.2d 293, 110 A.L.R. 656.
Applicability to remedies created by statute, not known at common law.
— The proceedings contemplated by this section are statutory proceedings to enforce rights and remedies created by statute and unknown to the common law and equity practice of England prior to 1776.
In re Forest
, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582.
Appeal from order in condemnation case.
— A district court order in a condemnation case granting immediate possession of land where the court had not yet awarded damages was not a final appealable order.
City of Sunland Park v. Paseo Del Norte Ltd. P'ship
, 1999-NMCA-124, 128 N.M. 163, 990 P.2d 1286.
Appeal from board of embalmers and funeral directors.
— Where counsel for the board failed to point out any provision of the Funeral Directors and Embalmers Act permitting an appeal to the supreme court of the judgment of the district in the statutory review of the board's decision, the supreme court entertained the appeal under the authority of Supreme Court Rule 5(6), (now Rule 12-601 NMRA); although this section omitted a material portion of Supreme Court Rule 5(6) as adopted.
Gonzales v. N.M. State Bd. of Embalmers & Funeral Dirs.
, 1957-NMSC-047, 63 N.M. 13, 312 P.2d 541.
City labor management relations board decisions.
— The court of appeals had jurisdiction of an appeal from the decision of the district court affirming a city labor management relations board holding that a proposed collective bargaining unit of fire suppression personnel included lieutenants.
Las Cruces Prof. Fire Fighters v. City of Las Cruces
, 1997-NMCA-044, 123 N.M. 329, 940 P.2d 177.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 4 Am. Jur. 2d Appellate Review § 120.
4 C.J.S. Appeal & Error §§ 91, 92; 5 C.J.S. Appeal and Error § 724.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-8 - Cross appeals.

Cross appeal may be taken by giving notice thereof, as provided for appeals, within thirty days after the entry of any appealable judgment, decision or order, or within fifteen days after receipt of notice of appeal or application for writ of error, whichever is later.
History:
1953 Comp., § 21-10-5.1, enacted by Laws 1966, ch. 28, § 40.
ANNOTATIONS
Cross references.
— For when appeals taken,
see
Rule 12-201 NMRA.
For how appeals taken,
see
Rule 12-202 NMRA.
Rule controls over statute.
— Rule 12-201 NMRA, which requires a party to file cross-appeals not later than ten days following notice of appeal, controls over this section, allowing 15 days to file a cross-appeal.
Rodriguez v. McAnally Enters.
, 1994-NMCA-025, 117 N.M. 250, 871 P.2d 14.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 4 Am. Jur. 2d Appellate Review § 288.
Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290.
4 C.J.S. Appeal and Error §§ 27, 262, 270, 348, 353.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-10 - [Sections 39-3-9 and 39-3-10 NMSA 1978 supplemental.]

This act [39-3-9, 39-3-10 NMSA 1978] shall not be construed to repeal any existing statutes or rule of the supreme court regulating appellate procedure, except insofar as they may conflict with this act, but shall be construed as supplemental thereto.
History:
Laws 1933, ch. 6, § 2; 1941 Comp., § 19-1007; 1953 Comp., § 21-10-7.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-11 - Appellate costs.

Amounts to be taxed as costs on appeals and writs of error shall be fixed by rule of procedure.
History:
Laws 1917, ch. 43, § 16; 1927, ch. 93, § 4; C.S. 1929, § 105-2512; 1941 Comp., § 19-1008; 1953 Comp., § 21-10-8; Laws 1966, ch. 28, § 41.
ANNOTATIONS
Cross references.
— For court of appeals fees and costs,
see
34-5-6 NMSA 1978.
For costs,
see
Rule 12-403 NMRA.
Compiler's notes.
— The title of the 1927 act did not indicate that the 1917 law was to be amended.
Requirement for bond not waived.
— The requirement that a cost or supersedeas bond be filed in appeal cases within a certain time is not waived by an appellee where he seeks to take advantage of the irregularity at the first opportunity, but only where he first performs some act consistent with recognizing the regularity of the appeal.
Johnson v. N.M. Fire Brick Co.
, 1916-NMSC-042, 22 N.M. 124, 158 P. 796 (decided under former law).
Appeal abated where no bond filed.
— Where an appellant failed to file a cost bond within 30 days as required by Laws 1917, ch. 43, § 15 (now repealed), the appeal failed or abated.
Hubert v. Am.Sur. Co.
, 1918-NMSC-124, 25 N.M. 131, 177 P. 889.
Motion to dismiss where no cost bond.
— Where plaintiff in error has not filed a cost bond within 30 days after suing out writ of error, and the default has not been waived by defendant, the court will grant motion to dismiss.
Palmer v. Allen
, 1914-NMSC-044, 19 N.M. 175, 141 P. 998 (decided under former law).
Where neither cost nor supersedeas bond is given, appeal will be dismissed.
Rogers v. Herbst
, 1919-NMSC-032, 25 N.M. 408, 183 P. 749.
Failure to file bond cannot be cured.
— The giving of a bond for costs, where no supersedeas bond was given, was essential to perfect an appeal or writ of error. It would appear in principle that the omission could not be cured by a later compliance with the statute after a motion to dismiss for such failure had been filed.
Farmers' Dev. Co. v. Rayado Land & Irrigation Co.
, 1913-NMSC-055, 18 N.M. 138, 134 P. 216, criticized in
Canavan v. Canavan
, 1914-NMSC-002, 18 N.M. 468, 138 P. 200 (decided under former law).
Printing transcript not taxable charge.
— There is no law compelling the printing of a transcript involving less than $1,000, so that such printing is not a taxable charge.
Givens v. Veeder
, 1898-NMSC-017, 9 N.M. 405, 54 P. 879 (decided under former law).
Affirmance of judgment on remittitur did not discharge sureties
from liability on appeal bond.
Orr v. Hopkins
, 1884-NMSC-015, 3 N.M. (Gild.) 183, 3 P. 61,
aff'd
, 124 U.S. 510, 8 S. Ct. 590, 31 L. Ed. 523 (1888) (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review §§ 909, 928.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-12 - Indigent appeals; free process.

In any appeal, the court may grant free process, including the cost of any necessary transcripts of record, to any appellant upon a proper showing of indigency, unless the trial court certifies in writing that the appeal is not taken in good faith. Necessary costs, including costs of transcripts, shall be paid by the administrative office of the courts. Any costs awarded to an indigent appellant shall be taxed in favor of the state.
History:
1953 Comp., § 21-10-9, enacted by Laws 1977, ch. 163, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 407 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-13 - Transcript of record.

The official court reporter shall make an original and as many copies of transcripts of his notes as demanded, and he shall certify and file them with the clerk of the district court. These transcripts, or any portion thereof, may be used for the purpose of making up the record to be taken to the supreme court or court of appeals. The clerk of the district court shall collect the certification fee, but shall receive no compensation for transcribing. Where not otherwise fixed by statute, the court may, by rule, fix the compensation of official court reporters for extra copies filed with the clerk, which shall be paid for in advance, if demanded, by the party ordering them. The amount paid for the original and two copies of the transcript by the party ordering them shall be taxed as costs in the cause.
History:
Laws 1897, ch. 73, § 174; C.L. 1897, § 2685 (174); Code 1915, § 4255; C.S. 1929, § 105-1002; 1941 Comp., § 19-1011; 1953 Comp., § 21-10-10; Laws 1966, ch. 28, § 42.
ANNOTATIONS
Cross references.
— For transmission of transcript and record,
see
Rule 12-211 NMRA.
Compiler's notes.
— This section may be affected by Rule 12-209, NMRA, dealing with the record on appeal, and Rule 12-403, NMRA, concerning costs, specifically the costs of the transcript.
Court's power as to printing of copies of record.
— Where the transcript shows the amount in controversy to be less than $1,000, the court has no power to compel a printing of the record and will not dismiss the appeal because of appellant's failure to file more than one copy of the record.
Mora v. Schick
, 1887-NMSC-028, 4 N.M. (Gild.) 301, 13 P. 341 (decided under former law).
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-14 - [Appellant may dismiss appeal.]

In all causes appealed, or in any other manner brought from any inferior court to any superior court, the party appealing, or so bringing said suit into the superior court, may, in like manner, dismiss his appeal in the same manner as in the preceding section provided; and when said cause is dismissed, as aforesaid, the judgment in the inferior court shall remain and be in all things as valid, as if said cause had never been removed from said inferior court.
History:
Laws 1851-1852, p. 246; C.L. 1865, ch. 30, § 2; C.L. 1884, § 1858; C.L. 1897, § 2907; Code 1915, § 4294; C.S. 1929, § 105-1402; 1941 Comp., § 19-1002; 1953 Comp., § 21-10-11.
ANNOTATIONS
Compiler's notes.
— The words "in like manner" and "in the same manner as in the preceding section" referred to Comp. Laws 1865, ch. 30, § 1, providing that any suit pending in district court could be dismissed in vacation by filing a written dismissal with the clerk. That section is omitted as superseded by Rule 41(a), N.M.R. Civ. P. (now see Paragraph A of Rule 1-041 NMRA), and if there is a method for dismissal of appeals from inferior courts, it would appear to be the latter provision.
This section, insofar as it applies to appeals in the supreme court, may be affected by Rule 12-401 NMRA.
Appellant has no right to dismiss his appeal
in the face of a motion for affirmance well taken.
Hubbell v. Armijo
, 1913-NMSC-045, 18 N.M. 68, 133 P. 978;
Acequia Madre v. Meyer
, 1912-NMSC-044, 17 N.M. 371, 128 P. 68.
The plaintiff in an action of replevin in justice (now magistrate) court may not, on appeal to the district court, dismiss his appeal and thus deprive the defendant of his right to a trial as to the value of the property replevied and an assessment of damages for its detention.
Strauss v. Smith
, 1896-NMSC-006, 8 N.M. 391, 45 P. 930.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review §§ 872, 877.
5 C.J.S. Appeal & Error § 631 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-16 - Parties; joinder.

If there are several parties entitled to sue out a writ of error or take an appeal and any of them have separate interests in the judgment; or if the judgment, though joint in form, is substantially against one; or if some of the parties in the district court have no interests in reversing or maintaining the judgment; or if upon notice and request to join in the writ of error or appeal, they fail or refuse to do so; it is not necessary to join these parties in the writ of error or appeal. The supreme court or court of appeals may, on affidavits or from the record, determine whether or not the parties omitted should have been joined.
History:
Laws 1917, ch. 43, § 5; C.S. 1929, § 105-2505; 1953 Comp., § 21-10-13; Laws 1966, ch. 28, § 44.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 44, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Rule 12-301 NMRA provides that the appellate court may add, drop or substitute parties upon motion or on its own initiative at any stage of an appeal.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review §§ 268, 278.
4 C.J.S. Appeal & Error § 234 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-17 - Failure to join.

If any person named in the notice provided for in Section 39-3-16 NMSA 1978 does not join in the writ of error or appeal under terms contained in the notice, upon filing proof of service of the notice, he shall thereby be forever precluded from bringing any writ of error or appeal on the same judgment, order, decision or conviction, and the cause shall proceed in the same manner as if he had been named in the writ of error or appeal.
History:
Laws 1917, ch. 43, § 6; C.S. 1929, § 105-2506; 1953 Comp., § 21-10-14; Laws 1966, ch. 28, § 45.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 45, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-18 - Inability to join.

When the name of any person out of this state or incapable of giving consent to the bringing of a writ of error or taking of an appeal is omitted in the writ of error or appeal, and the cause proceeds without his name, his rights shall not be impaired by the judgment on the writ of error or appeal, and he may bring his separate writ of error or appeal in the same manner as if no former writ or appeal had been brought.
History:
Laws 1917, ch. 43, § 7; C.S. 1929, § 105-2507; 1953 Comp., § 21-10-15; Laws 1966, ch. 28, § 46.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 46, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-19 - Death of party before review.

If a judgment is rendered against several persons and one or more of them dies, a writ of error or appeal may be brought by any survivors or by the successors in interest of the decedent.
History:
Laws 1917, ch. 43, § 9; C.S. 1929, § 105-2509; 1953 Comp., § 21-10-16; Laws 1966, ch. 28, § 47.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 47, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 4 C.J.S. Appeal & Error § 245.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-20 - Death of party pending review.

If any party to an appeal or writ of error dies after appeal is taken or writ of error sued out, but before final judgment thereon, the appeal or writ of error shall not abate thereby. The death shall be suggested to the supreme court or court of appeals by any surviving party, and the court shall proceed as may be provided by rule of procedure.
History:
Laws 1917, ch. 43, § 10; 1927, ch. 93, § 3; C.S. 1929, § 105-2510; 1953 Comp., § 21-10-17; Laws 1966, ch. 28, § 48.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 48, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Rule 12-301 NMRA provides that if a party dies after notice of appeal has been filed, the personal representative of the deceased party may be substituted as a party on motion filed in the appellate court by the representative or by any party.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 279.
Effect of death of party to divorce proceeding pending appeal or time allowed for appeal, 33 A.L.R.4th 47.
4 C.J.S. Appeal & Error §§ 246, 247.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-21 - Substitution of parties upon review.

Persons may be substituted as parties or compelled to become parties in cases pending in the supreme court or court of appeals in like time and manner, and with like effect, as provided for in original suits in district courts.
History:
Laws 1917, ch. 43, § 14; C.S. 1929, § 105-2511; 1953 Comp., § 21-10-18; Laws 1966, ch. 28, § 49.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 49, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 279 et seq.
4 C.J.S. Appeal & Error § 244.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-23 - Automatic stay.

When the appellant or plaintiff in error is the state, a county or a municipal corporation, the taking of an appeal or suing out of a writ of error operates to stay the execution of the judgment, order or decision of the district court without bond.
History:
Laws 1917, ch. 43, § 18; C.S. 1929, § 105-2514; 1953 Comp., § 21-10-20; Laws 1966, ch. 28, § 51.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 51, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Affidavit that appellant is "county-municipal hospital" insufficient.
— Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity.
Robinson v. Mem. Gen. Hosp.
, 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
Filing appeal by state or its political subdivision triggers
the automatic stay provisions of this section and Rule 1-062.
City of Sunland Park v. N.M. Pub. Regulation Comm'n
, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
Stay generally considered prospective.
— Under the plain language of this section, Rule 1-062 and the prevailing common law, a stay is generally prospective rather than retroactive, unless otherwise specified.
City of Sunland Park v. N.M. Pub. Regulation Comm'n
, 2004-NMCA-024, 135 N.M. 143, 85 P.3d 267, cert. denied, 2004-NMCERT-002, 135 N.M. 169, 86 P.3d 47.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Constitutionality, construction and application of statute as to effect of taking appeal, or staying execution, on right to redeem for execution or judicial sale, 44 A.L.R.4th 1229.
4 C.J.S. Appeal & Error § 413.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-24 - Discretionary stay.

In all actions of contested elections, mandamus, removal of public officers, quo warranto or prohibition, it is discretionary with the court rendering judgment, or with the supreme court, to allow a supersedeas of the judgment. If the appeal or writ of error is allowed to operate as a supersedeas, it shall be upon terms and conditions the court may deem proper.
History:
Laws 1917, ch. 43, § 19; C.S. 1929, § 105-2515; 1953 Comp., § 21-10-21; Laws 1966, ch. 28, § 52.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 52, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 436 et seq.
4 C.J.S. Appeal & Error § 408 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-25 - District court clerk; fees for record.

The clerk of the district court shall collect the following fees from the party suing out a writ of error or taking an appeal:
for making out and certifying the original copy of the record on
appeal or writ of error, per typewritten folio
$ .10
for each additional copy, per typewritten folio
.05
for certifying a bill of exceptions furnished by the official court reporter
2.00
for copies of any records reproduced by photographic process, per page
.10
History:
Laws 1917, ch. 43, § 24; 1927, ch. 93, § 5; C.S. 1929, § 105-2518; 1953 Comp., § 21-10-22; Laws 1966, ch. 28, § 53.
ANNOTATIONS
Cross references.
— For miscellaneous district court civil filing fees,
see
Rule 1-099 NMRA.
Compiler's notes.
— Laws 1966, ch. 28, § 53, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-26 - Disposition after review.

The supreme court or court of appeals in appeals, and the supreme court in writs of error, shall examine the record, and on the facts therein contained alone, shall award a new trial, reverse or affirm the judgment of the district court or give any other judgment it deems agreeable to law. The supreme court or court of appeals shall not decline to pass upon any question of law or fact which may appear in any record, either upon the face of the record or in the bill of exceptions, because the cause was tried by the court without a jury, but shall review the cause in the same manner and to the same extent as if it had been tried by a jury.
History:
Laws 1917, ch. 43, § 38; C.S. 1929, § 105-2520; 1953 Comp., § 21-10-23; Laws 1966, ch. 28, § 54.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 54, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Case remanded for new trial on damages.
— In a personal injury case where past medical expenses bore no relation to contemplated future treatment, the jury had no yardstick for determining future expenses, and the case was remanded for a new trial on damages.
Selgado v. Commercial Warehouse Co.
, 1974-NMCA-093, 86 N.M. 633, 526 P.2d 430.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 591 et seq.
Propriety of limiting to issue of damages alone new trial granted on ground of inadequacy of damages - modern cases, 5 A.L.R.5th 875.
5 C.J.S. Appeal and Error § 860 et seq.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-27 - Award of damages on review.

Upon the affirmation of any judgment or decision, the supreme court or court of appeals may award to the appellee or defendant in error damages not exceeding ten percent of the judgment complained of, as may be deemed just by the court.
History:
Laws 1917, ch. 43, § 39; C.S. 1929, § 105-2521; 1953 Comp., § 21-10-24; Laws 1966, ch. 28, § 55.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 55, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Damages not awarded.
— The appellate court will not award damages where the application of general propositions of law to the facts of the case present an issue of first impression concerning a shareholder's standing to bring an individual action against another equal shareholder in a closely held corporation for a breach of fiduciary duty in the sale of corporate assets.
Clark v. Sims
, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.
The appellate court will not award damages where the appellant continues to pursue an appeal by opposing the appellate court's proposed disposition of the appeal.
Clark v. Sims
, 2009-NMCA-118, 147 N.M. 252, 219 P.3d 20, cert. denied, 2009-NMCERT-009, 147 N.M. 421, 224 P.3d 648.
Damages assessed where appeal frivolous or for delay.
— Under this section damages may be assessed where an appeal is found to be frivolous or merely for delay, but a court should be reluctant to penalize litigants who take advantage of their right to appeal.
Genuine Parts Co. v. Garcia
, 1978-NMSC-059, 92 N.M. 57, 582 P.2d 1270.
Attorney fees not awarded.
— The appellate court will not award attorney fees where an appeal raises substantial questions concerning a decision of the personnel board.
State ex rel. N.M. State Hwy. Dep't v. Silva
, 1982-NMCA-121, 98 N.M. 549, 650 P.2d 833.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-28 - Directions following review; execution.

The supreme court or court of appeals, on the determination of a cause on appeal or error, may award execution to carry it into effect, or may remit the record with its decision to the district court from which the cause came, and the determination shall be carried into effect by the district court. When any writ of execution sued out of the supreme court or court of appeals is placed in the hands of any officer for levy or collection and the officer fails to find any property from which it may be satisfied, the officer shall notify all persons who may be indebted to the defendant named in the writ not to pay the defendant, but to appear before the district court from which the cause was originally taken by appeal or writ of error and answer on oath concerning his indebtedness. Thereupon, like proceedings shall be had in the district court as in case of garnishees summoned in suits originating by attachment in the district courts.
History:
Laws 1917, ch. 43, § 40; C.S. 1929, § 105-2522; 1953 Comp., § 21-10-25; Laws 1966, ch. 28, § 56.
ANNOTATIONS
Cross references.
— For execution after judgment,
see
39-1-20 NMSA 1978.
For execution and foreclosure,
see
39-4-1 NMSA 1978 et seq.
For issuance and stay of mandate,
see
Rule 12-402 NMRA.
For executions and garnishments in the district court,
see
Rule 1-065.1 NMRA.
Compiler's notes.
— Laws 1966, ch. 28, § 56, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Constitutionality.
— For procedure required for writs for execution,
see
Aacen v. San Juan County Sheriff's Dep't
, 944 F.2d 691 (10th Cir. 1991)(decided under prior version of Rule 1-065.1 NMRA).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5B C.J.S. Appeal and Error § 1977.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 3 - Appeals › Section 39-3-29 - Directions following review; judgment on bond.

If the judgment on review is against the appellant or plaintiff in error, the supreme court or court of appeals shall either render judgment against him and his sureties on the appeal or supersedeas bond, or remand the cause with directions to the district court to enter judgment against him and his sureties on the bond. Execution may issue on any such judgment against the principal and his sureties, either jointly or severally.
History:
Laws 1917, ch. 43, § 41; C.S. 1929, § 105-2523; 1953 Comp., § 21-10-26; Laws 1966, ch. 28, § 57.
ANNOTATIONS
Compiler's notes.
— Laws 1966, ch. 28, § 57, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Appeal bond principal step.
— On appeal from justice of the peace (now magistrate), an appeal bond is the process or principal step and requires a United States revenue stamp to validate it, and its absence cannot be cured by order of district court permitting amendment by filing of properly stamped bond.
Tipton v. Cordova
, 1866-NMSC-003, 1 N.M. 383 (decided under former law).
Appeal bond cannot be perfected by appellate court order.
— An appeal from a justice's court, which is invalid because a revenue stamp was not placed on appeal bond, cannot be perfected by order of appellate court which permitted affixing such stamp nunc pro tunc.
Secou v. Leroux
, 1866-NMSC-005, 1 N.M. 388 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 5 Am. Jur. 2d Appellate Review § 476.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-4 - Filing notice of levy on real estate; recording and indexing; release of levy.

A. Any peace officer making a levy on real estate under execution or writ of attachment shall file a notice of the levy in the office of the county clerk of the county where located, describing the real estate levied upon, the title and number of the case and the amount of the debt or judgment. A certificate of the facts recited in the notice, under the hand and seal of the peace officer, shall be sufficient to entitle the instrument to record.
B. The county clerk shall record the notice of levy and shall index it in the records of the county clerk's office, and when so filed it shall be notice to the public of the facts therein recited.
C. When the debt for which a levy is made has been satisfied, or if directed by the plaintiff or the plaintiff's attorney, the peace officer shall file a release of the levy under the peace officer's official hand and seal, in the office of the county clerk.
History:
Laws 1933, ch. 13, § 1; 1941 Comp., § 21-104; 1953 Comp., § 24-1-4; 2013, ch. 214, § 11.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided procedures for filing notices of levy; added the title; in Subsection A, in the first sentence, after "Any", added "peace" and in the second sentence, after "hand and seal of", deleted "such" and added "the peace"; and added Subsections B and C.
Substantial compliance.
— This section makes no provision for service of writ and notice of levy on judgment debtor, and in the absence of a statute the levy on real estate under execution is made by filing notice of levy in the office of the county clerk where the land is located, describing it, etc.; there was substantial compliance where the sheriff went on the land, served the occupant with notice of levy and filed the return in the office of the county clerk.
Inman v. Brown
, 1955-NMSC-018, 59 N.M. 196, 281 P.2d 474.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 240 et seq.
Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906.
33 C.J.S. Executions § 101.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-5 - Repealed.

History:
Laws 1933, ch. 13, § 2; 1941 Comp., § 21-105; 1953 Comp., § 24-1-5; 1978 comp., § 39-4-5, repealed by Laws 2013, ch. 214, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 214, § 14 repealed 39-4-5 NMSA 1978, as enacted by Laws 1933, ch. 13, § 2, relating to recording and indexing notice, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-6 - Repealed.

History:
Laws 1933, ch. 13, § 3; 1941 Comp., § 21-106; 1953 Comp., § 24-1-6; 1978 Comp., § 39-4-6, repealed by Laws 2013, ch. 214, § 14.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 214, § 14 repealed 39-4-6 NMSA 1978, as enacted by Laws 1933, ch. 13, § 3, relating to filing release of levy, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-7 - [Bond to retain possession of goods until sale.]

The person whose goods are taken on execution, may retain possession thereof until the day of sale, by giving bond in favor of the plaintiff with sufficient security to be approved by the officer in double the value of such property, conditioned for the delivery of the property to the officer at the time and place of sale, to be named in such bond, which bond shall be returned with the execution.
History:
Kearny Code, Executions, § 6; C.L. 1865, ch. 34, § 6; C.L. 1884, § 2162; C.L. 1897, § 3110; Code 1915, § 2193; C.S. 1929, § 46-104; 1941 Comp., § 21-107; 1953 Comp., § 24-1-7.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 30 Am. Jur. 2d Executions § 271 et seq.
33 C.J.S. Executions §§ 116 to 119.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-8 - [Failure to return bond; insufficient bond; liability of officer.]

Upon the failure of the officer to return such bond, or in case of its insufficiency, the officer shall be subjected to the same liability as is provided in the case of similar bonds in suits commenced by attachment.
History:
Kearny Code, Executions, § 7; C.L. 1865, ch. 34, § 7; C.L. 1884, § 2163; C.L. 1897, § 3111; Code 1915, § 2194; C.S. 1929, § 46-105; 1941 Comp., § 21-108; 1953 Comp., § 24-1-8.
ANNOTATIONS
Cross references.
— For officer's liability in connection with bonds in suits commenced by attachment,
see
42-9-22 NMSA 1978.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-10 - [Execution against sureties.]

No execution shall issue against any security on any promissory note, bond, bond for costs, appeal bond or other obligation for the payment of money or property, until execution shall have been first issued against the principal in any such note or obligation, and levied upon all the real estate or other property of said principal, which may be within the jurisdiction of the court, in which the judgment may have been rendered: provided, that whenever the plaintiff in any such execution shall file in the court, in which the judgment is pending, an affidavit in relation to such security or securities similar to the one required by law to be filed previous to issuing an attachment, then in such case execution shall issue simultaneously against the principal and the security against whom the said affidavit be filed.
History:
Laws 1856-1857, p. 42; C.L. 1865, ch. 34, § 18; C.L. 1884, § 2170; C.L. 1897, § 3118; Code 1915, § 2201; C.S. 1929, § 46-112; 1941 Comp., § 21-111; 1953 Comp., § 24-1-19.
ANNOTATIONS
Cross references.
— For affidavit for issuance of attachment,
see
42-9-5 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 33 C.J.S. Executions § 15.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-11 - [Execution against corporation; information to be furnished.]

Every agent or person having charge or control of any property of a corporation, on request of any public officer, having for service a writ of execution against it, shall furnish to him the names of the directors and officers thereof, and a schedule of all its property, including debts due or to become due to it so far as he may have knowledge of the same.
History:
Laws 1905, ch. 79, § 68; Code 1915, § 952; C.S. 1929, § 32-170; 1941 Comp., § 21-112; 1953 Comp., § 24-1-20.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-12 - [Assignment of debts due corporation.]

If any officer, holding an execution shall be unable to find other property belonging to the corporation liable to execution, he or the judgment creditor may elect to satisfy such execution, in whole or in part, by any debts due to the corporation; and it shall be the duty of any agent or person having custody of any evidence of such debt to deliver the same to the officer, for the use of the creditor, and such delivery, with a transfer to the officer in writing, for the use of the creditor, and notice to the debtor, and [sic] shall be a valid assignment thereof; and such creditor may sue for and collect the same in the name of the corporation, subject to such equitable set-offs on the part of the debtor as in other assignments; and every agent or person who shall neglect or refuse to comply with the provisions of this and the last preceding section [39-4-11 NMSA 1978], shall be himself liable to pay to the execution creditor the amount due on said execution, with costs.
History:
Laws 1905, ch. 79, § 69; Code 1915, § 953; C.S. 1929, § 32-171; 1941 Comp., § 21-113; 1953 Comp., § 24-1-21.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit.]

Neither the issuance or levy of execution shall be a prerequisite to the bringing of such suit, nor shall any appraisal of the real estate be required.
History:
Laws 1933, ch. 7, § 2; 1941 Comp., § 21-115; 1953 Comp., § 24-1-23.
ANNOTATIONS
Cross references.
— For appraisal of property to be sold under judicial sale,
see
39-5-5 to 39-5-11 NMSA 1978.
Rights of lien holder.
— Holder of a judgment lien on real estate has two or more rights, i.e., the right to the lien, which is a sort of substantive or property right, and a right to the remedies to enforce the lien.
Pugh v. Heating & Plumbing Fin. Corp.
, 1945-NMSC-031, 49 N.M. 234, 161 P.2d 714.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-15 - [Pleading claim of exemption.]

The defendant, if he desires to claim such real estate or any part thereof as an exemption allowed by law, shall set up his claim of exemption by answer in such foreclosure suit.
History:
Laws 1933, ch. 7, § 3; 1941 Comp., § 21-116; 1953 Comp., § 24-1-24.
ANNOTATIONS
Waiver of claim of exemption.
— The defendant waives his claim of exemption in a foreclosure action when the defendant fails to appeal the denial of his claim of exemption within thirty days after a foreclosure decree is entered.
Grygorwicz v. Trujillo
, 2008-NMCA-040, 143 N.M. 704, 181 P.3d 696, rev'd, 2007-NMSC-009, 145 N.M. 650, 203 P.3d 865.
Claim of exemptions.
— The defendant's appeal was timely under Rule 12-201(D) NMRA because defendant's motion for claim of exemptions on execution, filed subsequent to the final foreclosure decree, tolled the time for filing a notice of appeal, and defendant properly appealed within thirty days from the express denial of that motion and did not waive the right to a homestead exemption by failing to file an appeal within thirty days of the foreclosure decree.
Grygorwicz v. Trujillo
, 2009-NMSC-009, 145 N.M. 650, 203 P.3d 865.
Failure to claim exemption.
— Where homestead exemption had not been claimed in trial court, it would not be considered by appellate court on review.
Chavez v. Chavez
, 1952-NMSC-050, 56 N.M. 393, 244 P.2d 781.
Mortgagors were not entitled to a homestead exemption against junior judgment lienholders when they had an opportunity to advance claims for such exemption in their answers to the cross claims which sought foreclosure of the liens, but failed to do so, and thereby failed to comply with this section.
Speckner v. Riebold
, 1974-NMSC-029, 86 N.M. 275, 523 P.2d 10.
To be entitled to a homestead exemption under this section and 42-10-9 NMSA 1978 (prior to the 1979 amendment of 42-10-9 NMSA 1978), a party had to claim the exemption in his answer to a foreclosure action; otherwise, he could not claim it.
US Life Title Ins. Co. v. Romero
, 1982-NMCA-068, 98 N.M. 699, 652 P.2d 249, cert. denied, 98 N.M. 336, 648 P.2d 794.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4 - Recovery on Judgments › Section 39-4-16 - [Procedure not exclusive; existing remedies unaltered.]

The method of procedure provided by this act [39-4-13 to 39-4-16 NMSA 1978] shall be available to the holder of the judgment lien at his option, but shall not be exclusive. Nothing herein contained shall be construed as diminishing or altering any existing remedies, by execution or otherwise, now afforded by law to a judgment creditor.
History:
Laws 1933, ch. 7, § 4; 1941 Comp., § 21-117; 1953 Comp., § 24-1-25.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4A - Foreign Judgments › Section 39-4A-1 - Short title.

This act [39-4A-1 to 39-4A-6 NMSA 1978] may be cited as the "Foreign Judgments Act".
History:
Laws 1989, ch. 256, § 1.
ANNOTATIONS
Lack of jurisdiction.
— Where notice of action was mailed to the defendant by the clerk of the Texas court by return receipt mail as provided by the Texas Rules of Civil Procedure; the delivery receipt was not signed by the defendant as required by the Texas Rules, but by someone else; the defendant was aware of the Texas proceeding and entered into a letter agreement with the plaintiff in which the plaintiff granted the defendant an extension of time to respond to the Texas complaint, the Texas court did not have jurisdiction to enter a default judgment against the defendant and the Texas default judgment was not entitled to full faith and credit in New Mexico courts. Miller v. Morrison, 2008-NMCA-092, 144 N.M. 543, 189 P.3d 676.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4A - Foreign Judgments › Section 39-4A-2 - Definitions.

As used in the Foreign Judgments Act "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
History:
Laws 1989, ch. 256, § 2.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4A - Foreign Judgments › Section 39-4A-4 - Notice of filing.

A. At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the district court an affidavit setting forth the name and last known address of the judgment debtor and the judgment creditor.
B. Promptly upon the filing of the foreign judgment and the affidavit, the clerk of the district court shall mail a notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and address of the judgment creditor and his attorney, if any, in this state. In addition, the judgment creditor shall mail a notice of the filing of the judgment to the judgment debtor, certified mail, and shall file proof of the mailing with the clerk.
C. No execution or other process for enforcement of a foreign judgment filed pursuant to this section shall issue until twenty days after the date the judgment is filed.
History:
Laws 1989, ch. 256, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4A - Foreign Judgments › Section 39-4A-5 - Stay.

A. If the judgment debtor shows the district court that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
B. If the judgment debtor shows the district court sufficient grounds upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction that is required in this state.
History:
Laws 1989, ch. 256, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-1 - Repealed.

History:
Laws 1991, ch. 180, § 1; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-1 NMSA 1978, as enacted by Laws 1991, ch. 180, § 1, the short title of the Uniform Foreign Money-Judgments Recognition Act, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-2 - Repealed.

History:
Laws 1991, ch. 180, § 2; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-2 NMSA 1978, as enacted by Laws 1991, ch. 180, § 2, relating to definitions, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-3 - Repealed.

History:
Laws 1991, ch. 180, § 3; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-3 NMSA 1978, as enacted by Laws 1991, ch. 180, § 3, relating to applicability, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-4 - Repealed.

History:
Laws 1991, ch. 180, § 4; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-4 NMSA 1978, as enacted by Laws 1991, ch. 180, § 4, relating to recognition and enforcement, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-5 - Repealed.

History:
Laws 1991, ch. 180, § 5; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-5 NMSA 1978, as enacted by Laws 1991, ch. 180, § 5, relating to grounds for non-recognition, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-6 - Repealed.

History:
Laws 1991, ch. 180, § 6; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-6 NMSA 1978, as enacted by Laws 1991, ch. 180, § 6, relating to personal jurisdiction, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-7 - Repealed.

History:
Laws 1991, ch. 180, § 7; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-7 NMSA 1978, as enacted by Laws 1991, ch. 180, § 7, relating to stay in cases of appeal, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 39 - Judgments, Costs, Appeals › Article 4B - Foreign Money-Judgments Recognition (Repealed.) › Section 39-4B-8 - Repealed.

History:
Laws 1991, ch. 180, § 8; repealed by Laws 2009, ch. 142, § 12.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 142, § 12 repealed 39-4B-8 NMSA 1978, as enacted by Laws 1991, ch. 180, § 8, relating to saving clause, effective July 1, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com.