The revivor shall be by a conditional order of the court, if made in term, or by a judge thereof if in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased, and proceed in favor of or against them.
History: Laws 1884, ch. 5, § 6; C.L. 1884, § 2143; C.L. 1897, § 3092; Code 1915, § 4269; C.S. 1929, § 105-1207; 1941 Comp., § 19-708; 1953 Comp., § 21-7-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Section 34-6-2 NMSA 1978 provides that the district court shall always be in session.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and Revival § 124.
1 C.J.S. Abatement and Revival § 179.
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.]