N.M. R. Civ. P. Dist. Ct. 1-020
N.M. R. Civ. P. Dist. Ct. 1-020
For ejectment, see Section 42-4-4 NMSA 1978. For quieting titles, see Section 42-6-6 NMSA 1978. For quo warranto proceedings, see Section 44-3-3 NMSA 1978. For mechanics' liens, see Section 48-2-14 NMSA 1978. For public service commission orders, see Section 62-11-1 NMSA 1978. For liens on oil and gas wells and pipelines, see Section 70-4-9 NMSA 1978. Compiler's notes. - Paragraph A is deemed to have superseded 105-105, C.S. 1929, relating to joinder of plaintiffs, and 105-108, C.S. 1929, relating to joinder of defendants. Paragraph B, together with Rules 1-040 and 1-055 NMRA, is deemed to have superseded 105-807, C.S. 1929, relating to order of docketing and trial; 105-819, C.S. 1929, relating to trials in absence of a party and to separate trials; and 105-820, C.S. 1929, relating to advancing causes for trial. No control of substantive rights by rules. - Rules 18, 19 and 20 (see now Rules 1-018, 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). Definition of "party". - These rules, as well as the common understanding of what is meant by a party to a lawsuit, are inconsistent with the position that all parties on one side of the lawsuit are but one party. Romero v. Felter, 1972-NMSC-032, 83 N.M. 736, 497 P.2d 738. Indispensable party to taxpayer's injunction suit. - Firm which contracted with county to construct courthouse and jail was an indispensable party to taxpayer's suit to enjoin board of county commissioners from paying it for such work. Walrath v. Board of County Comm'rs, 1913-NMSC-058, 18 N.M. 101, 134 P. 204. Corporation not necessary or indispensable party. - Where debt had been incurred by partnership before its incorporation, the corporation itself was not a necessary or indispensable party to the suit filed by plaintiff on an account for which plaintiff claimed the partners were alone liable. Anderson, Clayton & Co. v. Swallows, 1973-NMSC-007, 84 N.M. 486, 505 P.2d 431. Direct suit against insurance carrier. - Absent a contractual or statutory provision authorizing the action, an insurance carrier cannot be sued directly and cannot be joined as a party defendant. Chapman v. Farmers Ins. Group, 1976-NMCA-128, 90 N.M. 18, 558 P.2d 1157 (Ct. App. 1976), cert. denied, 90 N.M. 254, 561 P.2d 1347 (1977). Intervention by taxpayer. - Under 105-106, C.S. 1929, taxpayer may intervene in an appeal by a claimant feeling aggrieved by action of city council in refusing to fund warrants issued by city. Miller v. City of Socorro, 1898-NMSC-019, 9 N.M. 416, 54 P. 756. Misjoinder of husband and wife. - A count of money loaned to husband and another count for money loaned to wife were a misjoinder of causes and a misjoinder of parties, and demurrer should be sustained on both grounds. Johnson v. Yelverton, 1926-NMSC-039, 31 N.M. 568, 249 P. 99. Joinder of claims arising out of same transaction. - This rule clearly provides for the joinder in one action of persons severally asserting claims arising out of the same transaction or occurrence, if any question of law or fact common to all will arise in the action. This rule clearly considers the parties as retaining their identities as separate parties. Romero v. Felter, 1972-NMSC-032, 83 N.M. 736, 497 P.2d 738. Avoidance of multiplicity of suits. - Permitting the adjudication of all phases of litigation involving the same parties in one action avoids a multiplicity of suits. For this reason, rules of civil procedure 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. Counterclaim or cross-claim to quiet title allowed in mortgage foreclosure action. Ortega, Snead, Dixon & Hanna v. Gennitti, 1979-NMSC-056, 93 N.M. 135, 597 P.2d 745. Law reviews. - For article, "The `New Rules' in New Mexico," see 1 Nat. Resources J. 96 (1961). For case note, "CIVIL PROCEDURE - New Mexico Adopts the Modern View of Collateral Estoppel: Silva v. State," see 18 N.M.L. Rev. 597 (1988). Am. Jur. 2d, A.L.R. and C.J.S. references. - 8 Am. Jur. 2d Automobiles and Highway Traffic §1045; 14 Am. Jur. 2d Carriers §1135; 22A Am. Jur. 2d Declaratory Judgments §211; 59 Am. Jur. 2d Parties §92; 75 Am. Jur. 2d Trial §§120 to 127, 138, 139, 152, 153. Joinder of parties or causes of action in suits under the Federal Employers' Liability Act, 13 A.L.R. 159. Right of defendant sued jointly with another or others in action for personal injury or death, to separate trial, 17 A.L.R. 734. Joinder, in one action at law, of persons not jointly liable, one or the other of whom is liable to the plaintiff, 41 A.L.R. 1223. Right of one to notice and hearing on motion to add him as a party, or substitute him for an original party, to pending action or proceeding, 69 A.L.R. 1247. Conflict of laws as to joinder of defendants, or as to the character of liability as joint or several, or joint and several, 77 A.L.R. 1108. Right of one brought into action as a party by original defendant upon the ground that he is or may be liable to the latter in respect of the matter in suit, to raise or contest issues with plaintiff, 78 A.L.R. 327. Joinder of insurer and insured in action by injured person, 85 A.L.R. 41, 106 A.L.R. 516, 20 A.L.R.2d 1097. Right of several parties having similar interests to join as relators in mandamus proceeding, 87 A.L.R. 528. Joinder in tort action of parties severally, but not jointly, liable, 94 A.L.R. 539. Right to join as defendants in action based on wrongful or negligent act of servant, where master's liability rests on doctrine of respondeat superior, 98 A.L.R. 1057, 59 A.L.R.2d 1066. Joinder in one action of sureties on different bonds relating to same matter, 106 A.L.R. 90, 137 A.L.R. 1044. Concerted action or agreement to resist enforcement of a statute because of doubt as to its constitutionality or construction, as ground for joinder of defendants in action or suit by governmental authorities, 107 A.L.R. 670. Joinder of manufacturer or packer and retailer or other middleman as defendants in action for injury to person or damage to property of purchaser or consumer of defective article, 110 A.L.R. 1356, 119 A.L.R. 1356. Right to join state (or officer who represents state) in mortgage foreclosure suit to cut off interest acquired by state subject to the mortgage, 113 A.L.R. 1511. Right to join agent and undisclosed principal in same action, 118 A.L.R. 701. Necessity in suit to foreclose mortgage on property of decedent of joining as parties devisees or heirs of decedent, and effect of failure to do so, 119 A.L.R. 807. Right of defendant in action for personal injury or death to bring in a joint tort-feasor not made a party by plaintiff, 132 A.L.R. 1424. Joinder or representation of several claimants in action against carrier or utility to recover overcharge, 1 A.L.R.2d 160. Right of plaintiff suing jointly with others to separate trial or order of severance, 99 A.L.R.2d 670. Applicability, as affected by change in parties, of statute permitting commencement of new action within specified time after failure of prior action not on the merits, 13 A.L.R.3d 848. 67A C.J.S. Parties §§ 33 to 36, 41 to 51; 88 C.J.S. Trial §§ 7 to 10.