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Article 1 - Judgments
Section 39-1-1 - [Judgments and decrees; interlocutory orders; period of control over final judgment.] - Any judgment, or decree, except in cases where trial by...
Section 39-1-2 - [Judgment rendered subsequent to hearing; notice to attorneys.] - Upon any hearing before the judge of a court, wherein...
Section 39-1-3 - [Death of party after verdict.] - If either party to any suit shall die between verdict...
Section 39-1-4 - [Entry of judgment; execution; motion for new trial.] - Judgment shall be entered and execution may be issued thereon...
Section 39-1-5 - [Judgments enforced; duty of judge.] - It shall be the duty of the judge of any...
Section 39-1-6 - Money judgment; docketing; transcript of judgment; lien on real estate; supersedeas. - Any money judgment rendered in the supreme court, court of...
Section 39-1-6.1 - Judgment liens; release; penalties. - When any judgment giving rise to a subsisting lien pursuant...
Section 39-1-6.2 - Judgment debts; discharge. - A. All judgments and decrees for payment of money rendered...
Section 39-1-7 - Transcript; judgment records. - Transcripts of judgments shall be recorded in the county clerk's...
Section 39-1-8 - Transcript of judgment; contents; fee for issuance. - A. The transcript of judgment issued by the clerks of...
Section 39-1-9 - [Confession of judgments; entry.] - Judgment by confession, without action, may be entered by the...
Section 39-1-10 - [Subject of judgment by confession.] - Such confession can be only for money due, or to...
Section 39-1-11 - [Form of confession of judgment.] - A statement in writing must be made and signed by...
Section 39-1-12 - Record and transcript of judgment by confession; execution. - The clerk shall record the confession of judgment in his...
Section 39-1-13 - [Conditions to stay execution of judgment by confession.] - Any defendant so confessing judgment, may attach such condition or...
Section 39-1-14 - [Effect of confessed judgment; transcripts filed in other counties; liens.] - Such judgment, when so filed, recorded and docketed, shall have...
Section 39-1-15 - [Affidavit of good faith.] - No such confession of judgment shall be filed with the...
Section 39-1-16 - [Contracts providing for confession of judgment before cause of action accrues prohibited.] - That it shall be unlawful to execute or procure to...
Section 39-1-17 - [Execution of foreign judgment based upon confession of judgment prohibited.] - No execution, or other process, shall be issued out of...
Section 39-1-18 - ["Cognovit note" defined; execution and procurement prohibited; penalty for violation.] - That any negotiable instrument, or other written contract to pay...
Section 39-1-19 - Repealed. - Repeals. — Laws 1983, ch. 259, § 2, repeals 39-1-19...
Section 39-1-20 - Execution after judgment. - An execution may issue at any time, on behalf of...
Article 1A - Structured Settlement Protection Act
Section 39-1A-1 - Short title. - This act [39-1A-1 to 39-1A-7 NMSA 1978] may be cited...
Section 39-1A-2 - Definitions. - As used in the Structured Settlement Protection Act: A. "annuity...
Section 39-1A-3 - Required disclosures to payee. - At least three days before the date on which the...
Section 39-1A-4 - Approval of transfers of structured settlement payment rights. - No direct or indirect transfer of structured settlement payment rights...
Section 39-1A-5 - Effects of transfer of structured settlement payment rights. - Following a transfer of structured settlement payment rights pursuant to...
Section 39-1A-6 - Procedure for approval of transfers. - A. An application under the Structured Settlement Protection Act for...
Section 39-1A-7 - General provisions; construction. - A. The provisions of the Structured Settlement Protection Act shall...
Article 2 - Attorneys' Fees and Costs
Section 39-2-1 - Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer. - In any action where an insured prevails against an insurer...
Section 39-2-2 - Deficiencies; attorney fees. - In any civil action involving liability for a deficiency pursuant...
Section 39-2-2.1 - Collection of open accounts; attorney fees. - In any civil action in the district court, small claims...
Section 39-2-3 - [Unnecessary splitting of actions.] - When any plaintiff shall bring in the same court several...
Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.] - In all actions founded on debt or other contract, if...
Section 39-2-5 - [Costs on appeal from probate court or magistrate; when judgment appealed from was against appellant.] - When an appeal shall be taken from the judgment of...
Section 39-2-6 - [When judgment appealed from was for appellant.] - If such appeal be from a judgment in favor of...
Section 39-2-7 - [Depositions to perpetuate testimony; taxing costs.] - The costs and expenses of taking the depositions shall be...
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.] - The fees of the county clerk for recording said depositions...
Section 39-2-9 - [Witness fees taxed as costs; limitation.] - In no case in any of the courts of this...
Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.] - It shall not be legal in any civil suit for...
Section 39-2-11 - [Bill of costs to be collected after issuance of execution.] - When final judgment or decree shall be rendered in any...
Section 39-2-12 - [Transcript of cost book has effect of execution.] - In every cause in which either party shall become liable...
Section 39-2-13 - [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.] - Any officer who shall knowingly claim for his services in...
Section 39-2-14 - [Plaintiff may be required to give security for costs; abatement on failure; reinstatement.] - In all cases the plaintiff, on motion of any person...
Article 3 - Appeals
Section 39-3-1 - Appeals to district court; trial de novo. - All appeals from inferior tribunals to the district courts shall...
Section 39-3-1.1 - Appeal of final decisions by agencies to district court; application; scope of review; review of district court decisions. - A. The provisions of this section shall apply only to...
Section 39-3-2 - Civil appeals from district court. - Within thirty days from the entry of any final judgment...
Section 39-3-3 - Appeals from district court in criminal cases. - A. By the defendant. In any criminal proceeding in district...
Section 39-3-4 - Interlocutory order appeals from district court. - A. In any civil action or special statutory proceeding in...
Section 39-3-5 - Writs of error. - Writs of error to bring into the supreme court any...
Section 39-3-6 - Continuation in supreme court and court of appeals. - Cases which are argued or submitted in the supreme court...
Section 39-3-7 - Appeals from district court; special statutory proceedings. - Within thirty days from the entry of any final judgment...
Section 39-3-8 - Cross appeals. - Cross appeal may be taken by giving notice thereof, as...
Section 39-3-9 - [Title or possession of property involved; supersedeas bond.] - Where an appeal is taken or a writ of error...
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...
Section 39-3-11 - Appellate costs. - Amounts to be taxed as costs on appeals and writs...
Section 39-3-12 - Indigent appeals; free process. - In any appeal, the court may grant free process, including...
Section 39-3-13 - Transcript of record. - The official court reporter shall make an original and as...
Section 39-3-14 - [Appellant may dismiss appeal.] - In all causes appealed, or in any other manner brought...
Section 39-3-15 - Appeals; contempt and habeas corpus. - A. Any person aggrieved by the judgment of the district...
Section 39-3-16 - Parties; joinder. - If there are several parties entitled to sue out a...
Section 39-3-17 - Failure to join. - If any person named in the notice provided for in...
Section 39-3-18 - Inability to join. - When the name of any person out of this state...
Section 39-3-19 - Death of party before review. - If a judgment is rendered against several persons and one...
Section 39-3-20 - Death of party pending review. - If any party to an appeal or writ of error...
Section 39-3-21 - Substitution of parties upon review. - Persons may be substituted as parties or compelled to become...
Section 39-3-22 - Supersedeas and stay in civil actions. - A. There shall be no supersedeas or stay of execution...
Section 39-3-23 - Automatic stay. - When the appellant or plaintiff in error is the state,...
Section 39-3-24 - Discretionary stay. - In all actions of contested elections, mandamus, removal of public...
Section 39-3-25 - District court clerk; fees for record. - The clerk of the district court shall collect the following...
Section 39-3-26 - Disposition after review. - The supreme court or court of appeals in appeals, and...
Section 39-3-27 - Award of damages on review. - Upon the affirmation of any judgment or decision, the supreme...
Section 39-3-28 - Directions following review; execution. - The supreme court or court of appeals, on the determination...
Section 39-3-29 - Directions following review; judgment on bond. - If the judgment on review is against the appellant or...
Section 39-3-30 - Costs in civil actions. - In all civil actions or proceedings of any kind, the...
Article 4 - Recovery on Judgments
Section 39-4-1 - [Right to execution; issuance; levy and sale; jurisdiction.] - The party in whose favor any judgment, order or decree...
Section 39-4-2 - [Property subject to execution.] - The execution shall be against the goods, chattels and lands...
Section 39-4-3 - [Levy; insufficient property; garnishment proceedings.] - When any execution shall be placed in the hands of...
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...
Section 39-4-5 - Repealed. - History: Laws 1933, ch. 13, § 2; 1941 Comp., §...
Section 39-4-6 - Repealed. - History: Laws 1933, ch. 13, § 3; 1941 Comp., §...
Section 39-4-7 - [Bond to retain possession of goods until sale.] - The person whose goods are taken on execution, may retain...
Section 39-4-8 - [Failure to return bond; insufficient bond; liability of officer.] - Upon the failure of the officer to return such bond,...
Section 39-4-9 - [Time limit on return of district court executions; sale; control of writ.] - All the executions taken out of district courts shall be...
Section 39-4-10 - [Execution against sureties.] - No execution shall issue against any security on any promissory...
Section 39-4-11 - [Execution against corporation; information to be furnished.] - Every agent or person having charge or control of any...
Section 39-4-12 - [Assignment of debts due corporation.] - If any officer, holding an execution shall be unable to...
Section 39-4-13 - [Judgment lien on real estate; foreclosure suit; sale.] - Any person holding a judgment lien on any real estate...
Section 39-4-14 - [Execution and appraisal not prerequisites to bringing of suit.] - Neither the issuance or levy of execution shall be a...
Section 39-4-15 - [Pleading claim of exemption.] - The defendant, if he desires to claim such real estate...
Section 39-4-16 - [Procedure not exclusive; existing remedies unaltered.] - The method of procedure provided by this act [39-4-13 to...
Article 4A - Foreign Judgments
Section 39-4A-1 - Short title. - This act [39-4A-1 to 39-4A-6 NMSA 1978] may be cited...
Section 39-4A-2 - Definitions. - As used in the Foreign Judgments Act "foreign judgment" means...
Section 39-4A-3 - Filing and status of foreign judgments. - A. A copy of any foreign judgment authenticated in accordance...
Section 39-4A-4 - Notice of filing. - A. At the time of the filing of the foreign...
Section 39-4A-5 - Stay. - A. If the judgment debtor shows the district court that...
Section 39-4A-6 - Optional procedure. - The right of a judgment creditor to bring an action...
Article 4B - Foreign Money-Judgments Recognition (Repealed.)
Section 39-4B-1 - Repealed. - History: Laws 1991, ch. 180, § 1; repealed by Laws...
Section 39-4B-2 - Repealed. - History: Laws 1991, ch. 180, § 2; repealed by Laws...
Section 39-4B-3 - Repealed. - History: Laws 1991, ch. 180, § 3; repealed by Laws...
Section 39-4B-4 - Repealed. - History: Laws 1991, ch. 180, § 4; repealed by Laws...
Section 39-4B-5 - Repealed. - History: Laws 1991, ch. 180, § 5; repealed by Laws...
Section 39-4B-6 - Repealed. - History: Laws 1991, ch. 180, § 6; repealed by Laws...
Section 39-4B-7 - Repealed. - History: Laws 1991, ch. 180, § 7; repealed by Laws...
Section 39-4B-8 - Repealed. - History: Laws 1991, ch. 180, § 8; repealed by Laws...
Section 39-4B-9 - Repealed. - History: Laws 1991, ch. 180, § 9; repealed by Laws...
Article 4C - Foreign-Money Claims
Section 39-4C-1 - Short title. - Sections 1 through 16 [39-4C-1 to 39-4C-16 NMSA 1978] of...
Section 39-4C-2 - Definitions. - As used in the Uniform Foreign-Money Claims Act: A. "action"...
Section 39-4C-3 - Scope. - A. The Uniform Foreign-Money Claims Act applies only to a...
Section 39-4C-4 - Variation by agreement. - A. The effect of the Uniform Foreign-Money Claims Act may...
Section 39-4C-5 - Determining money of the claim. - A. The money in which the parties to a transaction...
Section 39-4C-6 - Determining amount of the money of certain contract claims. - A. If an amount contracted to be paid in a...
Section 39-4C-7 - Asserting and defending foreign-money claim. - A. A person may assert a claim in a specified...
Section 39-4C-8 - Judgments and awards on foreign-money claims; times of money conversion; form of judgment. - A. Except as provided in Subsection C of this section,...
Section 39-4C-9 - Conversions of foreign money in distribution proceeding. - The rate of exchange prevailing at or near the close...
Section 39-4C-10 - Pre-judgment and judgment interest. - A. With respect to a foreign-money claim, recovery of pre-judgment...
Section 39-4C-11 - Enforcement of foreign judgments. - A. If an action is brought to enforce a judgment...
Section 39-4C-12 - Determining United States dollar value of foreign-money claims for limited purposes. - A. Computations under this section are for the limited purposes...
Section 39-4C-13 - Effect of currency revalorization. - A. If, after an obligation is expressed or a loss...
Section 39-4C-14 - Supplementary general principles of law. - Unless displaced by particular provisions of the Uniform Foreign-Money Claims...
Section 39-4C-15 - Uniformity of application and construction. - The Uniform Foreign-Money Claims Act shall be applied and construed...
Section 39-4C-16 - Severability clause. - If any provision of the Uniform Foreign-Money Claims Act or...
Article 4D - Uniform Foreign-Country Money Judgments Recognition Act
Section 39-4D-1 - Short title. - This act may be cited as the "Uniform Foreign-Country Money...
Section 39-4D-2 - Definitions. - As used in the Uniform Foreign-Country Money Judgments Recognition Act:...
Section 39-4D-3 - Application. - A. Except as otherwise provided in Subsection B of this...
Section 39-4D-4 - Standards for recognition of foreign-country judgment. - A. Except as otherwise provided in Subsections B and C...
Section 39-4D-5 - Personal jurisdiction. - A. A foreign-country judgment shall not be refused recognition for...
Section 39-4D-6 - Procedure for recognition of foreign-country judgment. - A. If recognition of a foreign-country judgment is sought as...
Section 39-4D-7 - Effect of recognition of foreign-country judgment. - If the court in a proceeding pursuant to Section 6...
Section 39-4D-8 - Stay of proceedings pending appeal of foreign-country judgment. - If a party establishes that an appeal from a foreign-country...
Section 39-4D-9 - Statute of limitations. - An action to recognize a foreign-country judgment shall be commenced...
Section 39-4D-10 - Saving clause. - The Uniform Foreign-Country Money Judgments Recognition Act does not prevent...
Section 39-4D-11 - Uniformity of interpretation. - In applying and construing the Uniform Foreign-Country Money Judgments Recognition...
Article 5 - Sales Under Execution and Foreclosure
Section 39-5-1 - [Time and notice of judicial sales.] - That no lands, tenements, goods or chattels shall be sold...
Section 39-5-1.1 - Judicial sales of perishable property; court order; petition; hearing. - In all cases of the sale of perishable goods by...
Section 39-5-1.2 - ["Real estate" and "real property" defined.] - As used in Chapter 39, Article 5 NMSA 1978 "real...
Section 39-5-2 - [Unlawful sales; liability of officer.] - If any sheriff or other person shall sell any lands,...
Section 39-5-3 - [Contents of sale notices.] - All notices of sale by sheriffs under execution, order or...
Section 39-5-4 - [Notice of sale for personal property not exceeding three hundred dollars.] - That hereafter when personal property shall be sold under execution...
Section 39-5-5 - [Limit on sale price of real estate.] - No real property shall be sold on any execution issued...
Section 39-5-6 - [Sheriff to ascertain value.] - The sheriff, between the days of levying the execution and...
Section 39-5-7 - [Selection of appraisers; appraisal.] - For that purpose two disinterested householders of the neighborhood where...
Section 39-5-8 - [Appraiser failing to act.] - In case any appraiser shall fail to act or to...
Section 39-5-9 - [Schedule of property.] - The sheriff shall furnish the appraisers with a schedule of...
Section 39-5-10 - [No duty to ascertain amount of liens.] - It shall not be the duty of the sheriff or...
Section 39-5-11 - [Oath of appraisers.] - The appraisers shall take and subscribe an oath annexed to...
Section 39-5-12 - [Unsold property; return.] - When any property levied on remains unsold, it shall be...
Section 39-5-13 - [Lien continues; alias writ.] - The lien of the levy upon the property shall continue...
Section 39-5-14 - [Reoffer of unsold property; costs; revaluation.] - Whenever any property levied upon remains unsold for want of...
Section 39-5-15 - [Foreclosure; lien claimed by deceased; making unknown heirs and devisees parties defendant.] - In all actions brought for the foreclosure of any real...
Section 39-5-16 - Foreclosure after March 15; growing crops. - In cases of mortgage foreclosures of property on which there...
Section 39-5-17 - Time for sale under judgment or decree of foreclosure; avoidance of sale. - No real property shall be sold under any judgment or...
Section 39-5-18 - Redemption of real property sold under judgment or decree of foreclosure; notice and hearing; redemption amount; priority of redemption rights. - A. After sale of real estate pursuant to the order,...
Section 39-5-19 - Application; shorter redemption period. - This section and Section 39-5-18 NMSA 1978 do not apply...
Section 39-5-20 - Repealed. - Repeals. — Laws 1987, ch. 61, § 25 repeals 39-5-20...
Section 39-5-21 - [Redemption of real property sold on execution.] - When any real estate shall be sold under a writ...
Section 39-5-22 - [Rights of purchaser upon redemption; growing crops; rents and profits; waste.] - Whenever any property shall be redeemed under the terms or...
Section 39-5-23 - Duty to record redemption. - A. In all cases of redemption of lands from sale...
Article 6 - Levy and Sale of Livestock
Section 39-6-1 - [Levy on range cattle; gathering; filing, noting, indexing, copy of writ.] - Whenever it shall be necessary to levy any writ of...
Section 39-6-2 - [Effect of filing, noting, indexing, copy of writ.] - Such process, when so filed, noted and indexed, shall have...
Section 39-6-3 - [Disposing of or killing livestock levied upon; larceny; penalty.] - After the filing, noting and indexing of such process in...
Section 39-6-4 - [Sale of stock levied upon; recording satisfaction of writ.] - Any livestock taken under any process, as provided in the...
Article 7 - Uniform Certification of Questions of Law
Section 39-7-1 - Short title. - This act [39-7-1 to 39-7-13 NMSA 1978] may be cited...
Section 39-7-2 - Definitions. - As used in the Uniform Certification of Questions of Law...
Section 39-7-3 - Power to certify. - The supreme court or the court of appeals of this...
Section 39-7-4 - Power to answer. - The supreme court of this state may answer a question...
Section 39-7-5 - Power to reformulate question. - The supreme court of this state may reformulate a question...
Section 39-7-6 - Certification order; record. - The court certifying a question of law to the supreme...
Section 39-7-7 - Contents of certification order. - A. A certification order must contain: (1) the question of...
Section 39-7-8 - Notice; response. - The supreme court of this state, acting as a receiving...
Section 39-7-9 - Procedures. - After the supreme court of this state has accepted a...
Section 39-7-10 - Opinion. - The supreme court of this state shall state in a...
Section 39-7-11 - Cost of certification. - Fees and costs are the same as in civil appeals...
Section 39-7-12 - Severability. - If any provision of the Uniform Certification of Questions of...
Section 39-7-13 - Uniformity of application and construction. - The Uniform Certification of Questions of Law Act shall be...