New Mexico Statutes
Chapter 38 - Trials

Section 38-1-1 - Rules of pleading, practice and procedure. - A. The supreme court of New Mexico shall, by rules...

Section 38-1-2 - [Practice statutes may be modified or suspended by rules.] - All statutes relating to pleading, practice and procedure, now existing,...

Section 38-1-3 - [Common law is rule of practice and decision.] - In all the courts in this state the common law...

Section 38-1-4 - [Equity rules prevail over common law.] - Generally in all matters in which there is any conflict...

Section 38-1-5 - Service of process; failure to report. - A. In case any domestic corporation or any foreign corporation...

Section 38-1-5.1 - Service of process on limited liability companies; death or removal of registered agent. - A. In case the agent of any limited liability company...

Section 38-1-6 - Process against foreign corporations. - A. In all personal actions brought in any court of...

Section 38-1-6.1 - Process against foreign limited liability companies. - A. In all personal actions brought in any court of...

Section 38-1-7 - Purpose of act. - The purpose of this act [38-1-7 to 38-1-11 NMSA 1978]...

Section 38-1-8 - Service of process upon unauthorized insurer. - A. Any of the following acts in this state, effected...

Section 38-1-9 - Defense of action by unauthorized insurer. - A. Before any unauthorized foreign or alien insurer shall file...

Section 38-1-10 - Attorney fees. - In any action against an unauthorized foreign or alien insurer...

Section 38-1-11 - Short title. - This act [38-1-7 to 38-1-11 NMSA 1978] may be cited...

Section 38-1-12 - Service against incapacitated. - Whenever there is a guardian of the estate or a...

Section 38-1-13 - [Notice of proceedings occurring prior to service of summons or appearance.] - Whenever any proceeding is to be had prior to service...

Section 38-1-14 - Notice of lis pendens; contents; recording; effect. - In all actions in the district court of this state...

Section 38-1-15 - [Pendency of suit; time within which process must be served; cancellation of lis pendens notice.] - For the purpose of the preceding section [38-1-14 NMSA 1978],...

Section 38-1-16 - Personal service of process outside state. - A. Any person, whether or not a citizen or resident...

Section 38-1-17 - Service of process. - A. In any action in which the state of New...

Section 38-1-18 - Agent for service of process. - Any foreign corporation, foreign bank or foreign real estate trust...

Article 2 - Pleadings and Motions

Section 38-2-1 to 38-2-5 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-2-1...

Section 38-2-6 - [Name of defendant unknown.] - When the plaintiff shall be ignorant of the name of...

Section 38-2-8 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-2-7...

Section 38-2-9 - [Truth and mitigating circumstances in action for libel or slander.] - In the actions mentioned in the last preceding section [repealed],...

Section 38-2-9.1 - Special motion to dismiss unwarranted or specious lawsuits; procedures; sanctions; severability. - A. Any action seeking money damages against a person for...

Section 38-2-9.2 - Findings and purpose. - The legislature declares that it is the public policy of...

Section 38-2-10 to 38-2-22 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-2-10...

Article 3 - Venue; Change of Judge

Section 38-3-1 - County in which civil action in district court may be commenced. - All civil actions commenced in the district courts shall be...

Section 38-3-1.1 - Jurisdiction of district courts. - All district courts have jurisdiction to review the action of...

Section 38-3-2 - [Actions against municipality or board of county commissioners.] - All civil actions not otherwise required by law to be...

Section 38-3-3 - Change of venue in civil and criminal cases. - The venue in all civil and criminal cases shall be...

Section 38-3-4 - Change of venue by stipulation of parties. - In addition to the provisions for change of venue in...

Section 38-3-5 - [Evidence in support of application; findings; decision.] - Upon the filing of a motion for change of venue,...

Section 38-3-6 - [Second change of venue not matter of right.] - A second change of venue shall not be allowed in...

Section 38-3-7 - County to which case may be removed. - In all cases where a change of venue is granted,...

Section 38-3-8 - Repealed. - Repeals. — Laws 2003, ch. 52, § 2 repealed 38-3-8...

Section 38-3-9 - Peremptory challenge to a district judge. - A party to an action or proceeding, civil or criminal,...

Section 38-3-10 - Time for filing affidavit of disqualification. - The affidavit of disqualification shall be filed within ten days...

Section 38-3-11 - Costs paid by county of origin. - Whenever a change of venue is granted, all costs in...

Article 4 - Parties

Section 38-4-1 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-1...

Section 38-4-2 - [Several persons liable on contract, judgment or statute; parties defendant.] - Where two or more persons are bound by contract or...

Section 38-4-3 - [Joint contracts create joint and several liability; assumption of debt; partners; parties defendant.] - All contracts, which by the common law are joint only,...

Section 38-4-4 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-4...

Section 38-4-5 - [Suits against partners; joinder; enforcement of judgment; service of process.] - Suits may be brought by or against a partnership as...

Section 38-4-6 - [Married woman.] - A married woman shall sue and be sued as if...

Section 38-4-7 - Infant; suits between spouses. - An infant who has been lawfully married, may institute, prosecute...

Section 38-4-8 - [Infants; bond of next friend.] - Any person who acts as next friend for an infant...

Section 38-4-9 - Costs in suit brought by certain representatives of infant. - The guardian, conservator or next friend of any infant who...

Section 38-4-10 - Guardian ad litem for infant defendant. - Appointment of a guardian ad litem may be made by...

Section 38-4-11 - Failure to apply for appointment of guardian ad litem. - If an infant defendant, or a relative or friend of...

Section 38-4-12 - Liability of guardian ad litem for costs. - No person appointed guardian ad litem for an infant for...

Section 38-4-13 - Definition of "infant" as used in Sections 38-4-7 through 38-4-12 NMSA 1978. - As used in Sections 38-4-7 through 38-4-12 NMSA 1978, "infant"...

Section 38-4-14 - Incapacitated person; definition. - As used in the Probate Code [Chapter 45 NMSA 1978]...

Section 38-4-15 - Appointment of guardian ad litem to defend suit. - Appointment of a guardian ad litem shall be made by...

Section 38-4-16 - Compromise by guardian ad litem. - The guardian ad litem so appearing in any action or...

Section 38-4-17 - Costs paid by guardian ad litem. - No person appointed guardian ad litem for an incapacitated person,...

Section 38-4-18 - Partnerships and corporations may be represented by partner, officer or director in proceedings in magistrate and metropolitan court. - In any proceeding in the magistrate and metropolitan courts of...

Article 5 - Drawing and Empaneling Jurors

Section 38-5-1 - Qualification of jurors. - A. A person who is at least eighteen years of...

Section 38-5-2 - Exemption from jury service; excusals; service of disqualified juror. - A. A person who has served as a member of...

Section 38-5-3 - Source for juror selection. - A. Each county clerk shall make available to the secretary...

Section 38-5-3.1 - Repealed. - Repeals. — Laws 1989, ch. 366, § 2 repealed 38-5-3.1...

Section 38-5-4 - Repealed. - Repeals. — Laws 1991, ch. 71, § 8 repealed 38-5-4...

Section 38-5-5 - Jury tampering; penalties. - Jury tampering consists of: A. the willful placing of names...

Section 38-5-5.1 - Legislative declaration. - It is the policy of this state that all qualified...

Section 38-5-6 to 38-5-9 - Repealed. - Repeals. — Laws 1991, ch. 71, § 8 repealed 38-5-6...

Section 38-5-10 - Summoning of jurors; claiming exemption. - Upon drawing a list of jurors for grand jury or...

Section 38-5-10.1 - Postponement of petit jury service. - A. A person scheduled to appear for service on a...

Section 38-5-11 - Qualifying jury panels. - A. The court shall empanel jurors in a random manner....

Section 38-5-12 - Petit jury panels; number to be qualified; period of service; time for summoning. - A. The judge shall determine the number of jurors to...

Section 38-5-13 - Drawing and qualifying trial jury. - The district court of each county shall maintain a list...

Section 38-5-14 - Exercising challenges to jurors. - The court shall permit the parties to a case to...

Section 38-5-15 - Mileage and compensation for jurors. - Persons summoned for jury service and jurors shall be reimbursed...

Section 38-5-16 - Challenge to jury array. - Any party to a civil action or defendant in a...

Section 38-5-17 - [Verdict by ten or more jurors; polling jury.] - In civil causes when the jury, or as many as...

Section 38-5-18 - Employer prohibited from penalizing employee for jury service. - A. An employer shall not deprive an employee of employment...

Section 38-5-19 - Penalty. - An employer, either individually or through his agent, who violates...

Article 6 - Witnesses and Their Competency

Section 38-6-1 to 38-6-3 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-6-1...

Section 38-6-4 - Per diem and mileage for witnesses. - A. Witnesses shall be allowed no fees for services, but...

Section 38-6-5 - Repealed. - Repeals. — Laws 1981, ch. 115, § 1, repealed 38-6-5...

Section 38-6-6 - Privileged communications. - A. No husband shall be compelled to disclose any communication...

Section 38-6-7 - News sources and information; mandatory disclosure prohibited; definitions; special procedure for prevention of injustice issue. - A. Unless disclosure be essential to prevent injustice, no journalist...

Section 38-6-8 - Witnesses with mental retardation; competency evaluation. - A. As used in this section: (1) "witness with mental...

Article 6A - Uniform Child Witness Protective Measures

Section 38-6A-1 - Short title. - This act [38-6A-1 to 38-6A-9 NMSA 1978] may be cited...

Section 38-6A-2 - Definitions. - As used in the Uniform Child Witness Protective Measures Act:...

Section 38-6A-3 - Applicability. - A. The Uniform Child Witness Protective Measures Act applies to...

Section 38-6A-4 - Hearing whether to allow testimony by alternative method. - A. The presiding officer in a criminal or noncriminal proceeding...

Section 38-6A-5 - Standards for determining whether a child witness may testify by alternative method. - A. In a criminal proceeding, the presiding officer may allow...

Section 38-6A-6 - Factors for determining whether to permit alternative method. - If the presiding officer determines that a standard pursuant to...

Section 38-6A-7 - Order regarding testimony by alternative method. - A. An order allowing or disallowing a child witness to...

Section 38-6A-8 - Right of party to examine child witness. - An alternative method ordered by the presiding officer shall permit...

Section 38-6A-9 - Uniformity of application and construction. - In applying and construing the Uniform Child Witness Protective Measures...

Article 7 - Admissibility and Sufficiency of Evidence

Section 38-7-1 - Verified accounts; instruments in writing; denial under oath. - Except as provided in the Uniform Commercial Code [Chapter 55...

Section 38-7-2 - [Consideration imported by written contract.] - Every contract in writing hereafter made shall import a consideration...

Section 38-7-3 - [Abstracts of title; admissibility; explanation; contradiction.] - Any abstract of the title to real estate, located in...

Section 38-7-4 - [False or forged abstract; penalty.] - Any officer of such company, who shall certify to any...

Article 8 - Depositions for Use in Foreign State

Section 38-8-1 - [Order for appearance of witness and production of documents.] - Where an order has been made by the court or...

Section 38-8-2 - [Disobedience of witness; use of copies of documents.] - In case any witness shall refuse or fail to appear,...

Section 38-8-3 - [False testimony punishable as perjury.] - The giving of false testimony before such judge, commissioner or...

Article 9 - Interpreters for Deaf

Section 38-9-1 - Short title. - Chapter 38, Article 9 NMSA 1978 may be cited as...

Section 38-9-2 - Definitions. - As used in the Deaf Interpreter Act: A. "appointing authority"...

Section 38-9-3 - Interpreter required. - If a deaf person who is a principal party in...

Section 38-9-4 - Interpreter waiver. - A deaf person who is a principal party in interest...

Section 38-9-5 - Interpreter; services. - Whenever any deaf person is requesting or receiving services from...

Section 38-9-6 - Notice; proof of disability. - Every deaf person whose appearance at a proceeding entitles the...

Section 38-9-7 - Coordination of interpreter requests. - A. Whenever an appointing authority receives a valid request for...

Section 38-9-8 - Interpreter permitted. - Whenever a deaf person is interested in any administrative or...

Section 38-9-9 - Oath of interpreter. - Every interpreter appointed pursuant to the provisions of the Deaf...

Section 38-9-10 - Privileged communication. - Whenever a deaf person communicates through an interpreter to any...

Article 10 - Court Interpreters

Section 38-10-1 - Short title. - This act [38-10-1 to 38-10-8 NMSA 1978] may be cited...

Section 38-10-2 - Definitions. - As used in the Court Interpreters Act: A. "appointing authority"...

Section 38-10-3 - Certified interpreter required; compensation. - A. After July 1, 1986, if a non-English speaking person...

Section 38-10-4 - Court interpreters advisory committee created; duties. - There is created the "court interpreters advisory committee" which consists...

Section 38-10-5 - Certification; administration. - The administrative office of the courts shall: A. develop and...

Section 38-10-6 - Interpreter waiver. - A. A non-English speaking person who is a principal party...

Section 38-10-7 - Interpreter permitted. - Whenever a non-English speaking person is interested in any judicial...

Section 38-10-8 - Oath of interpreter. - Every interpreter appointed pursuant to the provisions of the Court...

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New Mexico Statutes Chapter 38 - Trials

New Mexico Statutes
Chapter 38 - Trials