Section 44-10-5 – Required medium.
If a law of New Mexico requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium. History: Laws 2009, ch. 78, § 5. ANNOTATIONS Effective dates. — Laws 2009, ch. 78, § 10 made the act effective July 1, 2009.
Section 44-10-6 – Form of unsworn declaration.
An unsworn declaration pursuant to the Uniform Unsworn Foreign Declarations Act shall be in substantially the following form: “I declare under penalty of perjury under the law of New Mexico that the foregoing is true and correct and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United […]
Section 44-10-7 – Uniformity of application and construction.
In applying and construing the Uniform Unsworn Foreign Declarations Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2009, ch. 78, § 7. ANNOTATIONS Effective dates. — Laws 2009, ch. 78, § 10 made the act effective […]
Section 44-10-8 – Relation to Electronic Signatures in Global and National Commerce Act.
The Uniform Unsworn Foreign Declarations Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) […]
Section 44-10-2 – Definitions.
As used in the Uniform Unsworn Foreign Declarations Act: A. “boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States; B. “law” includes the federal or a state constitution, a federal […]
Section 44-10-3 – Applicability.
The Uniform Unsworn Foreign Declarations Act applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. The Uniform Unsworn Foreign Declarations Act does not apply […]
Section 44-10-4 – Validity of unsworn declaration.
A. Except as otherwise provided in Subsection B of this section, if a law of New Mexico requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of the Uniform Unsworn Foreign Declarations Act has the same effect as a sworn declaration. B. The Uniform Unsworn Foreign Declarations Act does not […]
Section 44-9-6 – Rights of the qui tam plaintiff and the state or political subdivision.
A. If the state or political subdivision proceeds with the action, it shall have the primary responsibility of prosecuting the action and shall not be bound by an act of the qui tam plaintiff. The qui tam plaintiff shall have the right to continue as a party to the action, subject to the limitations of […]
Section 44-9-7 – Awards to qui tam plaintiff and the state or political subdivision.
A. Except as otherwise provided in this section, if the state or a political subdivision proceeds with an action brought by a qui tam plaintiff and the state or political subdivision prevails in the action, the qui tam plaintiff shall receive: (1) at least fifteen percent but not more than twenty-five percent of the proceeds […]
Section 44-9-8 – Award of attorney fees and costs to defendant.
If the state or political subdivision does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment. History: Laws […]