When it appears to the court by affidavit that either party to an action has been dead, or where a party sues, or is sued as a personal representative, that his powers have ceased for a period so long that the action cannot be revived in the names of his representatives or successor, without the consent of both parties, it shall order the action to be stricken from the docket.
History: Laws 1884, ch. 5, § 15; C.L. 1884, § 2152; C.L. 1897, § 3101; Code 1915, § 4278; C.S. 1929, § 105-1216; 1941 Comp., § 19-715; 1953 Comp., § 21-7-15.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For rule relating to substitution of parties, see Rule 1-025 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 115 et seq.
1 C.J.S. Abatement and Revival §§ 172, 173.
Structure New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 2 - Abatement and Revivor
Section 37-2-1 - What causes of action survive.
Section 37-2-2 - [Transfer pendente lite; no abatement.]
Section 37-2-3 - [Marriage; conviction of crime; suit against prisoner.]
Section 37-2-4 - [Death of party to pending action; no abatement; exceptions.]
Section 37-2-6 - [Proceeding with remaining parties when no survival of action.]
Section 37-2-7 - [Revivor in name of representative or successor authorized.]
Section 37-2-8 - [Order of revivor.]
Section 37-2-10 - [Revivor on death of plaintiff.]
Section 37-2-11 - [Revivor on death of defendant.]
Section 37-2-12 - [Revivor of action concerning real estate on death of defendant.]
Section 37-2-15 - [When action to be stricken from docket.]
Section 37-2-16 - [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]