A person, including a guardian ad litem, conservator or other fiduciary, may waive notice either by a writing signed by the person and filed in the proceeding or by appearance in the proceeding. A person for whom a guardianship or other protective order is sought or a protected person may not waive notice.
History: 1953 Comp., § 32A-1-402, enacted by Laws 1975, ch. 257, § 1-402; 1995, ch. 210, § 3; 2009, ch. 159, § 23.
Official comments. — See Commissioners on Uniform State Laws official comment to 1-402 UPC.
The 2009 amendment, effective June 19, 2009, after "protective order is sought", deleted "a ward".
The 1995 amendment, effective July 1, 1995, added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 396.
71 C.J.S. Pleading §§ 507, 564.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 1 - Uniform Probate Code
Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
Section 45-1-401 - Notice; method and time of giving.
Section 45-1-402 - Notice; waiver.
Section 45-1-403.1 - Representation; basic effect.
Section 45-1-403.2 - Representation by holder of general testamentary power of appointment.
Section 45-1-403.3 - Representation by fiduciaries and parents.
Section 45-1-403.4 - Representation by person having substantially identical interest.