N.M. R. Civ. P. Dist. Ct. 1-067
In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing.
N.M. R. Civ. P. Dist. Ct. 1-067
ANNOTATIONS Deposit must be under order of court. - This rule contemplates that payments into court be made under order of the court. Foreman v. Myers, 79 N.M. 404, 444 P.2d 589 (1968). Cannot make bad tender good. - Even when ordered by the court, payment to the clerk simply operates to keep a good tender alive; it cannot make a bad tender good. Foreman v. Myers, 1968-NMSC-138, 79 N.M. 404, 444 P.2d 589. Am. Jur. 2d, A.L.R. and C.J.S. references. - 23 Am. Jur. 2d Deposits in Court §§1 to 20. Who bears loss of funds held by third person, or deposited in court, awaiting outcome of litigation, 2 A.L.R. 463. What rights are waived by insurer who pays money into court, 2 A.L.R. 1680, 15 A.L.R. 1260. Clerk of court or his bond as liable for money paid into his hands by virtue of his office, 59 A.L.R. 60. Right to withdraw tender after money is deposited or paid in court to keep tender good, 73 A.L.R. 1281. Payment into court or to clerk of court as affecting rights, liability and procedure in respect of lien of judgment creditor's attorney, 117 A.L.R. 983. Executor's or administrator's personal liability for interest on legacies or distributive shares as affected by payment into court where payment is delayed, 18 A.L.R.2d 1384. Rights as between vendor and vendee under land contract in respect of interest, 25 A.L.R.2d 951. Condemnor's right, as against condemnee, to interest on excessive money deposited in court or paid to condemnee, 99 A.L.R.2d 886. Funds deposited in court as subject of garnishment, 1 A.L.R.3d 936. Appealability of order directing payment of money into court, 15 A.L.R.3d 568. 26A C.J.S. Deposits in Court §§1 to 9.