N.M. R. Civ. P. Dist. Ct. 1-018
N.M. R. Civ. P. Dist. Ct. 1-018
For representation of class, see Rule 1-023 NMRA. For cost sanctions for unjustifiably bringing several suits, see 39-2-3 NMSA 1978. For the authority of the chief of the labor and industrial bureau to join assigned wage claims, see Section 50-4-11 NMSA 1978. Compiler's notes. - This rule is deemed to have superseded 105-406, C.S. 1929, which was substantially the same. Liberally construed to prevent multiple suits between same parties. - Permitting the adjudication of all phases of litigation involving the same parties in one action avoids a multiplicity of suits. For this reason these rules are to be liberally construed so as to guarantee bona fide complaints to be carried to an adjudication on the merits. Prager v. Prager, 1969-NMSC-149, 80 N.M. 773, 461 P.2d 906. Substantive rights unaffected. - This rule and Rules 19 and 20 (see now Rules 1-019 and 1-020 NMRA) are procedural and do not control substantive rights. Chapman v. Farmers Ins. Group, 1976-NMCA-128, 90 N.M. 18, 558 P.2d 1157, cert. denied, 90 N.M. 254, 561 P.2d 1347 (1977). Plaintiff may join claim against third-party defendant if claim arises from same transaction as original complaint. - Rule 14(a) (see now Rule 1-014 NMRA) and Subdivision (a) (see now Paragraph A) read together limit joinder by original plaintiff in third-party complaints to cases where there is a secondary liability against the third-party defendant arising out of the plaintiffs claim against the original defendant. Hancock v. Berger, 1967-NMSC-007, 77 N.M. 321, 422 P.2d 359. Third-party plaintiffs may join claims arising from same transaction against third-party defendant. - In an action by an automobile passenger against a truck owner and a truck driver, third-party claims by the truck owner and driver against the automobile driver for property damage and personal injury were properly joined, because the claims arose out of the same transaction, and the liability of the truck owner, the truck driver and the automobile driver were dependent upon the same operative facts. Navajo Freight Lines v. Baldonado, 1977-NMSC-025, 90 N.M. 264, 562 P.2d 497. Wife's personal injury claim properly joined to husband's economic loss claim. - Count in which wife seeks recovery for physical injury, pain and suffering and count in which husband, as representative of marital community, seeks damages for economic and personal loss to himself and to community are properly joined. Soto v. Vandeventer, 1952-NMSC-064, 56 N.M. 483, 245 P.2d 826. Joinder of claims subject to rules concerning parties. - Subdivision (a) (see now Paragraph A) permits a party to join as many claims as he has against an opposing party. This rule operates in conjunction with Rule 17(a) (see now Rule 1-017 NMRA), which provides that suits shall be brought in the name of the real party in interest, and Rule 19(a) (see now Rule 1-019 NMRA), which provides that a person who should be a plaintiff but refuses may be joined as either a defendant or an involuntary plaintiff. Prager v. Prager, 1969-NMSC-149, 80 N.M. 773, 461 P.2d 906. Joined causes of action must each affect all parties to the suit. Lockhart v. Christian, 1923-NMSC-082, 29 N.M. 143, 219 P. 490 (decided under former law). Cause against members individually improperly joined with claim against members collectively. - A taxpayer cannot set up a cause of action against the individual members of the school board to recover, on behalf of the school district, money paid out by such members, and in the same complaint seek to enjoin them officially from making further payments of school funds, as the charges are not against them in the same character. Board of Educ. v. Seay, 1918-NMSC-063, 24 N.M. 74, 172 P. 1040 (decided under former law). Separate causes against husband and wife improperly joined. - A count for money loaned to husband is misjoined with another count for money loaned to wife. Johnson v. Yelverton, 1926-NMSC-039, 31 N.M. 568, 249 P. 99 (decided under former law). Action to quiet the properly joined with action to enjoin trespass. - Joinder of causes of action in a complaint seeking to quiet title and to restrain repeated trespasses to land is authorized. Pueblo of Nambe v. Romero, 1900-NMSC-008, 10 N.M. 58, 61 P. 122 (decided under former law). Plaintiffs in action to quiet title could join slander of title count to the quiet title count. Den-Gar Enters. v. Romero, 1980-NMCA-021, 94 N.M. 425, 611 P.2d 1119, cert. denied, 94 N.M. 628, 614 P.2d 545. Legal and equitable causes properly joined. - A plaintiff may unite in the same complaint several causes of action, both legal and equitable. Porter v. Alamocitos Land & Livestock Co., 1925-NMSC-036, 32 N.M. 344, 256 P. 179 (decided under former law). Money judgment properly joined with foreclosure decree. - District court, in ordinary suit to foreclose real estate mortgage, had jurisdiction to render personal judgment against mortgagor for full amount of indebtedness claimed, and to authorize immediate issuance of execution upon such judgment in same decree as that in which the mortgage was foreclosed. Porter v. Alamocitos Land & Livestock Co., 1925-NMSC-036, 32 N.M. 344, 256 P. 179. Right to jury depends on primary emphasis of action. - Although 105-406, C.S. 1929, permitted the joining of equitable and legal causes of action, in suit for damages and an injunction, if the damages were merely incidental and dependent upon the right to an injunction, the court could, without jury, assess the damages already sustained; if the action was primarily for a money judgment, it was triable by jury, notwithstanding that injunction was asked against a further violation of rights. Mogollon Gold & Copper Co. v. Stout, 1907-NMSC-027, 14 N.M. 245, 91 P. 724 (decided under former law). Money judgment not prerequisite for action to set aside fraudulent conveyance. - Where legal remedy is plain, adequate and complete, a creditor must exhaust that remedy before equitable relief can be granted, but, in view of Subdivision (b) (see now Paragraph B), if the remedy at law is not plain, adequate, and complete, or if the creditor has a trust in his favor, he may maintain an action to set aside a conveyance for fraud without first having obtained judgment. Fitzhugh v. Plant, 1953-NMSC-024, 57 N.M. 153, 255 P.2d 683. Adjudication of title not prerequisite to seeking accounting. - An action to quiet title could be joined with action for an accounting for rents and revenues derived from such land. Title need not be adjudicated prior to seeking accounting. Harlan v. Sparks, 125 F.2d 502 (10th Cir. 1942). Law reviews. - For article, "The `New Rules' in New Mexico," see 1 Nat. Resources J. 96 (1961). For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962). For comment, "Insurance: Joinder of Defendant's Insurer, A Resolution of the 'Sellman' Problem," see 1 N.M.L. Rev. 375 (1971). Am. Jur. 2d, A.L.R. and C.J.S. references. - 1 Am. Jur. 2d Actions §65 et seq.; 20 Am. Jur. 2d Counterclaim, Recoupment and Setoff §69. Joinder of cause of action against party causing injury with cause of action against latter's insurer or indemnitor, 7 A.L.R. 1003. Joinder of cause of action for breach of contract with cause of action for fraud inducing contract, 10 A.L.R. 756. Joinder of causes of action under Federal Employers' Liability Act with action under state death statute, 13 A.L.R. 159, 66 A.L.R. 429. Joint action for wrongs directly affecting both husband and wife arising from same act, 25 A.L.R. 743. Right to plead single cause of action as in tort and on contract, 35 A.L.R. 780. Inconsistency of action for damages for fraud and suit to establish constructive trust based on same transaction, 43 A.L.R. 177. Joinder of action for injury to two tugs engaged in towage service, 54 A.L.R. 222. Action to recover and to enforce liability of directors for corporate dividends wrongfully paid, 55 A.L.R. 122, 76 A.L.R. 885, 109 A.L.R. 1381. Right to reformation of contract and other relief in same action or suit, 66 A.L.R. 776. Joinder of sureties on different bonds relating to same matter in one action, 106 A.L.R. 90, 137 A.L.R. 1044. Joinder of causes of action in suit under Declaratory Judgment Act, 110 A.L.R. 817. Propriety and effect of including and plaintiff's pleading in action for negligence diverse or contradictory allegations as to status or legal relationship as between parties or as between party and third person, 115 A.L.R. 178. Tort damaging real property as creating single cause of action or multiple causes of action in respect of different portions of land of same owner affected thereby, 117 A.L.R. 1216. Waiver or estoppel as to joinder of claims to separate parcels in suit to quiet title or to remove cloud on title, or to determine adverse claims to land, 118 A.L.R. 1400. Joinder of causes of action for invasion of right of privacy, 168 A.L.R. 466, 11 A.L.R.3d 1296, 57 A.L.R.3d 16. Former stockholder's right to join suit on behalf of corporation with suit to recover stock, 168 A.L.R. 913. Joinder of different degrees of negligence or wrongdoing in complaint seeking recovery for an injury, 173 A.L.R. 1231. Joinder of actions by injured third person against insurer and insured under policy of compulsory indemnity or liability insurance, 20 A.L.R.2d 1097. Joinder of cause of action for pain and suffering of decedent with cause of action for wrongful death, 35 A.L.R.2d 1377. Right to join action against principal debtor and action against guarantor, 53 A.L.R.2d 522. Appealability of order sustaining demurrer, or its equivalent, to complaint on ground of misjoinder or nonjoinder of parties or misjoinder of causes of action, 56 A.L.R.2d 1238. Federal Civil Procedure, Rule 18(b) and like state rules or statutes pertaining to joinder in a single action of two claims although one was previously cognizable only after the other had been prosecuted to a conclusion, 61 A.L.R.2d 688. Punitive damages: power of equity court to award, 58 A.L.R.4th 844. When must loss-of-consortium claim be joined with underlying personal injury claim, 60 A.L.R.4th 1174. 1A C.J.S. Actions §§ 135 to 176.