New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters

Section 44-1-4 - [Application to officer residing outside district of detention; jurisdictional proof required.] - Whenever application for any such writ is made to any...

Section 44-1-5 - [Petition for writ; allegations; exhibits.] - The petition shall state in substance: A. that the person...

Section 44-1-6 - [Form of writ.] - Every writ of habeas corpus issued under the provisions of...

Section 44-1-7 - [Defects of form; names of prisoner and custodian.] - Such writ of habeas corpus shall not be disobeyed for...

Section 44-1-8 - [Wrongful refusal of writ; forfeiture.] - If any officer herein authorized to grant writs of habeas...

Section 44-1-9 - [Return; contents; exhibits; signature; verification.] - The person upon whom such writ is duly served shall...

Section 44-1-10 - [Petitioner to be produced; exception.] - The person or officer on whom the writ is served...

Section 44-1-11 - [Attachment for disobedience of writ; issuance; to whom directed; proceedings.] - If the person upon whom such writ is duly served...

Section 44-1-12 - [Attachment against sheriff; place of detention.] - If a sheriff neglects to return such writ the attachment...

Section 44-1-13 - [Precept for production of petitioner by officer executing attachment.] - The officer by whom any such attachment is issued may...

Section 44-1-14 - [Hearing.] - The officer before whom such party is brought on such...

Section 44-1-15 - [When petitioner will be discharged.] - If no legal cause is shown for such imprisonment or...

Section 44-1-16 - [When petitioner will be remanded to custody.] - The officer shall forthwith remand such party, if it appears...

Section 44-1-17 - [Causes for discharge of petitioner in custody under civil process.] - If it appears on the return that the prisoner is...

Section 44-1-18 - [Legality or justice of judgment or execution.] - But no officer on the return of any habeas corpus...

Section 44-1-19 - [Petitioner legally committed or guilty of offense; release on bail.] - If it appears that the party has been legally committed...

Section 44-1-20 - [Decision in other cases.] - In other cases the party shall be placed in custody...

Section 44-1-21 - [Custody of petitioner pending decision.] - Until judgment is given upon the action, the officer before...

Section 44-1-22 - [Notice of hearing.] - In criminal cases, notice of the time and place at...

Section 44-1-23 - [Bail proceedings; authorization of habeas corpus; committing magistrate's proceedings to be reviewed.] - Hereafter all persons to whom bail has been denied or...

Section 44-1-24 - [Certiorari to committing magistrate; transcript; examination of case de novo; decision.] - When an application is made before any authority authorized by...

Section 44-1-25 - [Pleading by petitioner after return; summary hearing.] - The party brought before any such officer on the return...

Section 44-1-26 - [Procedure when petitioner is sick or infirm.] - Whenever from the sickness or infirmity of the person directed...

Section 44-1-27 - [Disobedience of order for discharge; attachment; damages recoverable.] - Obedience to any order for the discharge of any prisoner,...

Section 44-1-28 - [Detention for same offense after discharge on habeas corpus prohibited; when permissible.] - No person who has been discharged upon a habeas corpus...

Section 44-1-29 - [Concealment or transfer of prisoner to avoid writ; forfeiture.] - If anyone, who has in his custody, or under his...

Section 44-1-30 - [Detention officer refusing to furnish copies; forfeiture.] - Any officer, or other person, refusing to deliver a copy...

Section 44-1-31 - [When writ returnable; seal.] - Every writ of habeas corpus may be made returnable at...

Section 44-1-32 - [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.] - It can only be served by an elector of this...

Section 44-1-33 - [Service by delivery to custodian or person to whom writ is directed.] - Every writ of habeas corpus issued pursuant to this chapter...

Section 44-1-34 - [Service by posting.] - If the person on whom the writ ought to be...

Section 44-1-35 - [Time allowed for making return and producing prisoner.] - If the writ is returnable at a certain day, such...

Section 44-1-36 - [Compelling attendance of prisoner for trial or as witness.] - Nothing contained in this chapter shall be construed to restrain...

Section 44-1-37 - [Sheriff's fees for producing prisoner.] - The sheriff or person who shall be required to bring...

Section 44-1-38 - [Federal court proceedings; payment of costs, fees and expenses by state penitentiary.] - If the petition for the writ is filed in any...

Article 2 - Mandamus

Section 44-2-1 - [Regulation of mandamus.] - The writ of mandamus is regulated as in this chapter...

Section 44-2-2 - [District courts open at all times for issuance of writs.] - For the purpose of hearing application for, and issuing writs...

Section 44-2-3 - [Exclusive original jurisdiction; district and supreme courts.] - The district court has exclusive original jurisdiction in all cases...

Section 44-2-4 - [Purpose of writ; judicial discretion not controlled.] - It may be issued to any inferior tribunal, corporation, board...

Section 44-2-5 - [Adequate remedy at law; writ will not issue; who may obtain writ.] - The writ shall not issue in any case where there...

Section 44-2-6 - [Contents of writ.] - The writ is either alternative or peremptory. The alternative writ...

Section 44-2-7 - [When peremptory or alternative writs issued.] - When the right to require the performance of the act...

Section 44-2-8 - [Allowance of writ; return day; service.] - The court or judge, by an indorsement on the writ,...

Section 44-2-9 - [Answer to writ.] - On the return day of the alternative writ, or such...

Section 44-2-10 - [Peremptory mandamus on failure to answer; procedure after answer.] - If no answer is made a peremptory mandamus shall be...

Section 44-2-11 - [Pleadings allowed; proceedings as in civil actions.] - No other pleading or written allegation is allowed than the...

Section 44-2-12 - [Judgment for plaintiff; damages; costs; peremptory writ.] - If judgment is given for the plaintiff, he shall recover...

Section 44-2-13 - [Officer or board refusing to perform duty; fine; other action for penalty barred.] - Whenever a peremptory mandamus is directed to a public officer,...

Section 44-2-14 - [Review of proceedings.] - That in all cases of proceedings by mandamus in any...

Article 3 - Quo Warranto

Section 44-3-1 - [Commencement of proceedings; complaint; writ permissive.] - The remedies heretofore obtainable by writ of quo warranto and...

Section 44-3-2 - [Trial; time; use of jury permissive.] - Actions of quo warranto shall be set down and summarily...

Section 44-3-3 - [Name of private relator to be shown.] - When an action shall be brought by the attorney general...

Section 44-3-4 - [Who may bring action; private relators; when action lies.] - An action may be brought by the attorney general or...

Section 44-3-5 - [Cost bond to be posted by private relator.] - Before any writ shall issue in an action brought upon...

Section 44-3-6 - [Usurpation of office; allegations in complaint; compensation of defendant; bond; injunction.] - Whenever such action shall be brought against a person for...

Section 44-3-7 - [Right to elective office; allegations concerning election.] - In all actions brought to determine the right to any...

Section 44-3-8 - [Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance.] - If a demurrer to the complaint in such actions be...

Section 44-3-9 - [Judgment; nature; expiration of term of office before rendition.] - In every case such judgment shall be rendered upon the...

Section 44-3-10 - [Judgment for relator claiming office; provisions for changing possession; enforcement; punishment for contempt.] - If the judgment be rendered in favor of the person...

Section 44-3-11 - [Costs.] - The prevailing party in such proceedings may recover his costs...

Section 44-3-12 - [Judgment for relator claiming office; provisions concerning compensation; separate action for damages.] - When the judgment is for the person so alleged to...

Section 44-3-13 - [Joinder of defendants.] - When several persons claim to be entitled to the same...

Section 44-3-14 - [Judgment finding defendant guilty of usurpation of office; provisions concerning exclusion and costs.] - When a defendant against whom such action shall have been...

Section 44-3-15 - [Election contest statutes unaffected.] - This act [44-3-1 to 44-3-16 NMSA 1978] shall not be...

Section 44-3-16 - [Speedy hearing on appeal.] - In case of an appeal the supreme court shall advance...

Article 4 - Actions Against Receivers (Repealed.)

Section 44-4-1 to 44-4-5 - Repealed. - Repeals. — Laws 1995, ch. 81, § 11 repealed 44-4-1...

Article 5 - Gambling Debts and Losses

Section 44-5-1 - [Money and property losses; loser's right of action for recovery; nature of remedy.] - Any person who shall lose any money or property at...

Section 44-5-2 - [Contents of complaint.] - In such action it shall be sufficient for the plaintiff...

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...

Section 44-5-4 - Judgments, conveyances and contracts founded on gambling loss void; suit to declare void; parties. - All judgments, securities, bonds, bills, notes or conveyances, when the...

Section 44-5-5 - [Defense in action by assignee.] - The assignment of any bond, bill, note, judgment, conveyance or...

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...

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...

Section 44-5-8 - [Suit before magistrate; interrogatories to defendant.] - In all suits, under this chapter [44-5-1 to 44-5-14 NMSA...

Section 44-5-9 - [Answer to interrogatories not evidence in criminal prosecution.] - Such answer shall not be admitted against such person as...

Section 44-5-10 - [Election bets included.] - Bets and wagers on an election authorized by the constitution...

Section 44-5-11 - [Stakeholder's liability; demand required.] - Every stakeholder who shall knowingly receive any money or property,...

Section 44-5-12 - [Garnishment against winner in action by creditor against loser.] - Any creditor to any person losing by any game at...

Section 44-5-13 - [Time for commencing action.] - Any action for money or property brought under this chapter...

Section 44-5-14 - Action for recovery; immunity. - All persons who shall claim money or property lost at...

Article 6 - Declaratory Judgments

Section 44-6-1 - Short title. - This act [44-6-1 to 44-6-15 NMSA 1978] may be cited...

Section 44-6-2 - Scope. - In cases of actual controversy, district courts within their respective...

Section 44-6-3 - Definition. - As used in the Declaratory Judgment Act [44-6-1 to 44-6-15...

Section 44-6-4 - Power to construe. - Any person interested under a deed, will, written contract or...

Section 44-6-5 - Contract construction. - A contract may be construed either before or after there...

Section 44-6-6 - Enumeration not exclusive. - The enumeration in Sections 4 [44-6-4 NMSA 1978] and 5...

Section 44-6-7 - Discretionary. - The court may refuse to render or enter a declaratory...

Section 44-6-8 - Review. - All orders, judgments and decrees under the Declaratory Judgment Act...

Section 44-6-9 - Supplemental relief. - Further relief based on a declaratory judgment or decree may...

Section 44-6-10 - Jury trial. - When a proceeding under the Declaratory Judgment Act [44-6-1 to...

Section 44-6-11 - Costs. - In any proceeding under the Declaratory Judgment Act [44-6-1 to...

Section 44-6-12 - Parties. - When declaratory relief is sought, all persons shall be made...

Section 44-6-13 - State or official may be sued; construction of constitution or statute. - For the purpose of the Declaratory Judgment Act [44-6-1 to...

Section 44-6-14 - Construction. - The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is...

Section 44-6-15 - Uniformity of interpretation. - The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] shall...

Article 7 - Arbitration (Repealed.)

Section 44-7-1 to 44-7-22 - Repealed. - Repeals. — Laws 2001, ch. 227, § 33 repealed 44-7-1...

Article 7A - Uniform Arbitration

Section 44-7A-1 - Short title; definitions. - (a) The provisions of this act may be cited as...

Section 44-7A-2 - Notice. - (a) Except as otherwise provided in the Uniform Arbitration Act...

Section 44-7A-3 - When the uniform arbitration applies. - (a) The Uniform Arbitration Act [44-7A-1 NMSA 1978] governs an...

Section 44-7A-4 - Effect of agreement to arbitrate; nonwaivable provisions. - (a) Except as otherwise provided in Subsections (b) and (c),...

Section 44-7A-5 - Disabling civil dispute clause voidable. - In the arbitration of a dispute between a consumer, borrower,...

Section 44-7A-6 - Application for judicial relief. - (a) Except as otherwise provided in Section 28 [44-7A-28 NMSA...

Section 44-7A-7 - Validity of agreement to arbitrate. - (a) An agreement contained in a record to submit to...

Section 44-7A-8 - Motion to compel or stay arbitration. - (a) On motion of a person showing an agreement to...

Section 44-7A-9 - Provisional remedies. - (a) Before an arbitrator is appointed and is authorized and...

Section 44-7A-10 - Initiation of arbitration. - (a) A person initiates an arbitration proceeding by giving notice...

Section 44-7A-11 - Consolidation of separate arbitration proceedings. - (a) Except as otherwise provided in Subsection (c), upon motion...

Section 44-7A-12 - Appointment of arbitrator; service as a neutral arbitrator. - (a) If the parties to an agreement to arbitrate agree...

Section 44-7A-13 - Disclosure by arbitrator. - (a) Before accepting appointment, an individual who is requested to...

Section 44-7A-14 - Action by majority. - If there is more than one arbitrator, the powers of...

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...

Section 44-7A-16 - Arbitration process. - (a) An arbitrator may conduct an arbitration in such manner...

Section 44-7A-17 - Representation by lawyer. - A party to an arbitration proceeding may be represented by...

Section 44-7A-18 - Witnesses; subpoenas; depositions; discovery. - (a) An arbitrator may issue a subpoena for the attendance...

Section 44-7A-19 - Judicial enforcement of pre-award ruling by arbitrator. - If an arbitrator makes a pre-award ruling in favor of...

Section 44-7A-20 - Award. - (a) An arbitrator shall make a record of an award....

Section 44-7A-21 - Change of award by arbitrator. - (a) On motion to an arbitrator by a party to...

Section 44-7A-22 - Remedies; fees and expenses of arbitration proceeding. - (a) An arbitrator may award punitive damages or other exemplary...

Section 44-7A-23 - Confirmation of award. - After a party to an arbitration proceeding receives notice of...

Section 44-7A-24 - Vacating award. - (a) Upon motion to the court by a party to...

Section 44-7A-25 - Modification or correction of award. - (a) Upon motion made within ninety days after the movant...

Section 44-7A-26 - Judgment on award; attorney's fees and litigation expenses. - (a) Upon granting an order confirming, vacating without directing a...

Section 44-7A-27 - Jurisdiction. - (a) A court of this state having jurisdiction over the...

Section 44-7A-28 - Venue. - A motion pursuant to Section 6 [44-7A-6 NMSA 1978] must...

Section 44-7A-29 - Appeals. - (a) An appeal may be taken from: (1) an order...

Section 44-7A-30 - Uniformity of application and construction. - In applying and construing the Uniform Arbitration Act [44-7A-1 to...

Section 44-7A-31 - Relationship to electronic signatures in global and national commerce act. - The provisions of the Uniform Arbitration Act [44-7A-1 NMSA 1978]...

Section 44-7A-32 - Saving clause. - The Uniform Arbitration Act [44-7A-1 NMSA 1978] does not affect...

Article 7B - Mediation Procedures Act

Section 44-7B-1 - Short title. - This act [Chapter 44, Article 7B NMSA 1978] may be...

Section 44-7B-2 - Definitions. - As used in the Mediation Procedures Act [44-7B-1 NMSA 1978]:...

Section 44-7B-3 - Scope. - A. Except as otherwise provided in Subsection B of this...

Section 44-7B-4 - Confidentiality. - Except as otherwise provided in the Mediation Procedures Act [44-7B-1...

Section 44-7B-5 - Exceptions; admissibility; discovery. - A. Mediation communications are not confidential pursuant to the Mediation...

Section 44-7B-6 - Effect of agreement. - A. If the mediation parties reach a settlement agreement evidenced...

Article 8 - Receivership Act

Section 44-8-1 - Short title. - This act [44-8-1 to 44-8-10 NMSA 1978] may be cited...

Section 44-8-2 - Purpose. - The purpose of the Receivership Act [44-8-1 NMSA 1978] is...

Section 44-8-3 - Definitions. - As used in the Receivership Act [44-8-1 NMSA 1978]: A....

Section 44-8-4 - Grounds for appointing a receiver. - A. Upon application to a district court, the district court...

Section 44-8-5 - Application for appointment of a receiver. - A. An applicant may apply to the district court for...

Section 44-8-6 - Qualifications for receivers. - A receiver shall meet the following qualifications: A. the person...

Section 44-8-7 - Powers and duties of receivers. - Unless otherwise ordered by the district court, a person who...

Section 44-8-8 - Compensation. - A receiver and an attorney, accountant, broker and other person...

Section 44-8-9 - Removal, death, resignation, substitution and discharge of receiver; termination of receivership. - A. Upon notice and hearing, a receiver may be removed...

Section 44-8-10 - Appeal and stay of appointment of a receiver. - If an appeal is taken from a district court from...

Article 9 - Fraud Against Taxpayers Act

Section 44-9-1 - Short title. - This act [44-9-1 to 44-9-14 NMSA 1978] may be cited...

Section 44-9-2 - Definitions. - As used in the Fraud Against Taxpayers Act: A. "claim"...

Section 44-9-3 - False claims; liability; penalties; exception. - A. A person shall not: (1) knowingly present, or cause...

Section 44-9-4 - Investigation by the attorney general; delegation; civil action. - A. The attorney general shall diligently investigate suspected violations of...

Section 44-9-5 - Civil action by qui tam plaintiff; state or political subdivision may intervene. - A. A person may bring a civil action for a...

Section 44-9-6 - Rights of the qui tam plaintiff and the state or political subdivision. - A. If the state or political subdivision proceeds with the...

Section 44-9-7 - Awards to qui tam plaintiff and the state or political subdivision. - A. Except as otherwise provided in this section, if the...

Section 44-9-8 - Award of attorney fees and costs to defendant. - If the state or political subdivision does not proceed with...

Section 44-9-9 - Certain actions barred. - A. No court shall have jurisdiction over an action brought...

Section 44-9-10 - State or political subdivision not liable. - The state or political subdivision shall not be liable for...

Section 44-9-11 - Employer interference with employee disclosure; private action for retaliation. - A. An employer shall not make, adopt or enforce a...

Section 44-9-12 - Limitation of actions; estoppel; standard of proof. - A. A civil action pursuant to the Fraud Against Taxpayers...

Section 44-9-13 - Joint and several liability. - Liability shall be joint and several for any act committed...

Section 44-9-14 - Remedy not exclusive. - The remedies provided for in the Fraud Against Taxpayers Act...

Article 10 - Uniform Unsworn Foreign Declarations Act

Section 44-10-1 - Short title. - Sections 1 through 8 of this act may be cited...

Section 44-10-2 - Definitions. - As used in the Uniform Unsworn Foreign Declarations Act: A....

Section 44-10-3 - Applicability. - The Uniform Unsworn Foreign Declarations Act applies to an unsworn...

Section 44-10-4 - Validity of unsworn declaration. - A. Except as otherwise provided in Subsection B of this...

Section 44-10-5 - Required medium. - If a law of New Mexico requires that a sworn...

Section 44-10-6 - Form of unsworn declaration. - An unsworn declaration pursuant to the Uniform Unsworn Foreign Declarations...

Section 44-10-7 - Uniformity of application and construction. - In applying and construing the Uniform Unsworn Foreign Declarations Act,...

Section 44-10-8 - Relation to Electronic Signatures in Global and National Commerce Act. - The Uniform Unsworn Foreign Declarations Act modifies, limits and supersedes...

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New Mexico Statutes Chapter 44 - Miscellaneous Civil Law Matters

New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters