N.M. R. Civ. P. Dist. Ct. 1-069
N.M. R. Civ. P. Dist. Ct. 1-069
ANNOTATIONS The 1997 amendment, effective January 1, 1997, rewrote Paragraphs A and B and deleted former Paragraph C relating to deposition and notice.
For deposition procedure, see Rules 1-030, 1-031 and 1-032 NMRA. For subpoenas under these rules, see Rule 1-045 NMRA. For default judgments, see Rule 1-055 NMRA. For stay of enforcement, see Rule 1-062 and Rule 12-207 NMRA. Compiler's notes. - This rule is deemed to have superseded former Trial Court Rule 46-125, which had been deemed to supersede Laws 1931, ch. 129, both of which were substantially the same. Subpoena issues only in connection with pending action. - This rule secures the attendance of the person desired to be examined as a witness by a subpoena, which is not an independent process, but issues only in connection with a pending action or proceeding. State ex rel. Howell v. Montoya, 1965-NMSC-005, 74 N.M. 743, 398 P.2d 263 (decided under former law). Supplementary proceeding deemed continuation of original case. - Supplementary proceeding in which judgment debtor is to be questioned concerning his ability to satisfy judgment is not a new or independent action but a continuation of the original case for the purposes of discovery in aid of the enforcement of the judgment. State ex rel. Howell v. Montoya, 1965-NMSC-005, 74 N.M. 743, 398 P.2d 263 (decided under former law). Time for disqualification motion runs from original case. - Disqualification affidavit (Section 38-3-9 NMSA 1978) filed after issue of subpoena directing judgment debtor to appear concerning his ability to satisfy a judgment previously entered against him is not timely under 38-3-10 NMSA 1978. State ex rel. Howell v. Montoya, 1965-NMSC-005, 74 N.M. 743, 398 P.2d 263 (decided under former law). Refusal to answer questions deemed contempt. - The district court can properly hold judgment debtor in contempt for his refusal to answer questions in the supplementary proceedings contemplated by this rule. State ex rel. Howell v. Montoya, 1965-NMSC-005, 74 N.M. 743, 398 P.2d 263 (decided under former law). Proceedings in aid of execution not stayed until bond filed. - A judgment plaintiff has a right to issue execution upon a judgment, or take such other proceedings as the law contemplates, in the absence of a supersedeas bond approved and filed in accordance with law. Llewellyn v. First State Bank, 1916-NMSC-084, 22 N.M. 358, 161 P. 1185 (decided under former law). Law reviews. - For symposium, "Equal Rights and the Debt Provisions of New Mexico Community Property Law," see 3 N.M.L. Rev. 57 (1973). For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974). Am. Jur. 2d, A.L.R. and C.J.S. references. - 30 Am. Jur. 2d Executions §364 et seq. What courts or officers have power to punish for contempt, 8 A.L.R. 1576. Necessity of new process to support proceedings supplementary to execution, 39 A.L.R. 1498. Priority right of creditor who institutes supplementary proceedings over other creditors, in respect of property disclosed thereby, 92 A.L.R. 1435, 153 A.L.R. 211. Constitutionality of statute providing for proceedings supplementary to execution, 106 A.L.R. 383. Title to realty incidentally involved in proceedings supplementary to execution as affecting jurisdiction of justice's court or similar court, 115 A.L.R. 539. Interest of vendee under executory contract as subject to execution, judgment, lien, or attachment, 1 A.L.R.2d 727. Statutory provision respecting registration of mortgages or other liens on personal property in case of residents of other states as affecting priority of execution lien over lien of chattel mortgage or conditional sale of contract, 10 A.L.R.2d 764. Part payment or promise to pay judgment as affecting time for execution, 45 A.L.R.2d 967. Ruling on motion to quash execution as ground of appeal of writ of error, 59 A.L.R.2d 692. Mere rendition or formal entry or docketing of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162. Solid mineral royalty as real or personal property, 68 A.L.R.2d 728. Interest of spouse in estate by the entirety as subject to levy of execution in satisfaction of his or her individual debt, 75 A.L.R.2d 1172. Issuance on levy of execution as extending period of judgment lien, 77 A.L.R.2d 1064. Perjury or false swearing as contempt, 89 A.L.R.2d 1258. Family allowance from decedent's estate as exempt from attachment, garnishment, execution, and foreclosure, 27 A.L.R.3d 863. 33 C.J.S. Executions §§ 345, 423, 424.