N.M. R. Child. Ct. 10-145

As amended through November 1, 2024

Rule 10-145 - Dismissal of actions

A.Voluntary dismissal; effect thereof.

(1) In any action except a delinquency proceeding, the action may be dismissed by the petitioner without order of the court:

(a) by filing a notice of dismissal at any time before commencement of the adjudicatory hearing; or

(b) by filing a stipulation of dismissal signed by all parties in the action.

(2) The children's court attorney may dismiss a delinquency petition or a petition to revoke probation, at any time prior to commencement of the adjudicatory hearing, without order of the court.

B.Involuntary dismissal; effect thereof. For failure of the petitioner to comply with these rules or any order of court, a respondent may move for dismissal of an action or of any claim against the respondent. Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 10-121 NMRA, operates as an adjudication upon the merits.

C.Dismissal of requests for affirmative relief by parties other than the petitioner. The provisions of this rule apply to the dismissal of any request for affirmative relief by any party other than the petitioner. A voluntary dismissal without leave of the court by the party requesting such relief shall be made before a response is served, or if there is no response, before the introduction of evidence at the adjudicatory hearing.

N.M. R. Child. Ct. 10-145

Adopted, effective 9/1/1995; as amended, effective 5/1/1998; Rule 10-103.2 NMRA, recompiled and amended as Rule 10-145 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph B, changed the reference from Rule 10-007 NMRA to Rule 10-121 NMRA; and in Paragraph C, changed "trial or" to "adjudicatory". The 1998 amendment, effective May 1, 1998, rewrote Paragraph A. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-103.2 NMRA was recompiled as Rule 10-145 NMRA, effective January 15, 2009. Voluntary dismissal terminates the jurisdiction of the children's court. - A notice of dismissal, pursuant to this rule, terminates the jurisdiction of the children's court and leaves the children's court without power to reinstate the action pursuant to Rule 10-146 NMRA. State ex rel. CYFD v. Scott C., 2016-NMCA-012, cert. denied, 2016-NMCERT-001. Where the Children, Youth and Families Department (CYFD) filed notices of voluntary dismissal, pursuant to Rule 10-145 NMRA, terminating proceedings without prejudice against plaintiff in several abuse and neglect cases, the children's court was without jurisdiction to reopen and dismiss with prejudice the abuse and neglect cases pursuant to Rule 10-146 NMRA. State ex rel. CYFD v. Scott C., 2016-NMCA-012, cert. denied, 2016-NMCERT-001.