N.M. R. Civ. P. Dist. Ct. 1-082

As amended through May 8, 2024
Rule 1-082 - Jurisdiction and venue unaffected

These rules shall not be construed to extend or limit the jurisdiction of the district courts of the state or the venue of actions therein.

N.M. R. Civ. P. Dist. Ct. 1-082

For venue of civil actions, see Sections 38-3-1 to 38-3-11 NMSA 1978. When question of venue not jurisdiction. - Where defendant moved for dismissal of action to enjoin him from trespassing on land situated in county in which action was brought and motion was filed in another county pursuant to a rule of district court governing both counties, a question of venue was raised rather than of jurisdiction. Heron v. Gaylor, 1948-NMSC-072, 53 N.M. 44, 201 P.2d 366. Right to have cause heard in court of proper venue may be lost unless seasonably asserted; and in that event, the court of trial having jurisdiction but not the proper venue may render a judgment binding on the parties. Heron v. Gaylor, 1948-NMSC-072, 53 N.M. 44, 201 P.2d 366. Law reviews. - For comment, "The Subject Matter Jurisdiction of New Mexico District Courts over Civil Cases Involving Indians," see 15 N.M.L. Rev. 75 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Courts §27 et seq.; 77 Am. Jur. 2d Venue §§1, 3, 4, 10 to 31, 50 to 55. Submission of cause to court which has no jurisdiction over a constitutional question as a waiver of suit question, 2 A.L.R. 1363. Authorizing venue of action in particular place, court, or county, 69 A.L.R.2d 1324. Prohibition as appropriate remedy to restrain civil action for lack of venue, 93 A.L.R.2d 882. Change of venue as justified by fact that large number of inhabitants of local jurisdiction have interest adverse to party to state civil action, 10 A.L.R.4th 1046. Venue in action for malicious prosecution, 12 A.L.R.4th 1278. 21 C.J.S. Courts § 130; 92 C.J.S. Venue §§ 1, 4 to 6, 78, 80, 81, 127, 129, 152.