The district court may issue an order dismissing a proceeding commenced pursuant to the New Mexico Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
History: Laws 2009, ch. 215, § 6-635.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Structure 2021 New Mexico Statutes
Article 11A - New Mexico Uniform Parentage Act
Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE
Part 3 - Hearings and Adjudication
Section 40-11A-631 - Rules for adjudication of paternity.
Section 40-11A-632 - Jury prohibited.
Section 40-11A-633 - Hearings; inspection of records.
Section 40-11A-634 - Order on default.
Section 40-11A-635 - Dismissal for want of prosecution.
Section 40-11A-636 - Order adjudicating parentage.
Section 40-11A-637 - Binding effect of determination of parentage.
Section 40-11A-638 - Full faith and credit; determination of parentage.
Section 40-11A-639 - Enforcement of judgment or order.
Section 40-11A-640 - Modification of judgment or order.
Section 40-11A-641 - Right to counsel; free transcript on appeal.