N.M. R. Civ. P. Dist. Ct. 1-091

As amended through May 8, 2024
Rule 1-091 - Adopting procedural statutes

All statutes relating to pleading, practice and procedure in judicial proceedings in any of the courts of New Mexico, existing upon the taking effect of the act of the eleventh legislature, approved March 13, 1933, (L. 1933, c. 84) [Section 38-1-1, 38-1-2 NMSA 1978], and all statutes since enacted by any session of the legislature relating to said subjects, or any of them except as any of said statutes heretofore may have been or hereafter may be amended or vacated by order of this court, shall remain and be in effect and have full force and operation as rules of court.

N.M. R. Civ. P. Dist. Ct. 1-091

For the saving of former rules of court, see Rule 1-086 NMRA. For effective date of laws, see N.M. Const., art. IV, §23. For the authority of the supreme court to promulgate rules, see 38-1-1 NMSA 1978. For the effect given to procedural statutes, see 38-1-2 NMSA 1978. Relationship to Sections 38-1-1 and 38-1-2 NMSA 1978. - This rule dovetails with Sections 38-1-1 and 38-1-2 NMSA 1978 and reflects a consistent intention on the part of the legislature and the supreme court that legislative rules relating to pleading, practice and procedure in the courts, particularly where those rules relate to court management or housekeeping functions, may be modified by a subsequent rule promulgated by the supreme court. Lovelace Med. Ctr. v. Mendez, 1991-NMSC-002, 111 N.M. 336, 805 P.2d 603. Law reviews. - For article, "Separation of Powers and the Judicial Rule-Making Power in New Mexico: The Need for Prudential Restraints," see 15 N.M.L. Rev. 407 (1985).