This act [44-6-1 to 44-6-15 NMSA 1978] may be cited as the “Declaratory Judgment Act.” History: 1953 Comp., § 22-6-4, enacted by Laws 1975, ch. 340, § 1. ANNOTATIONS Cross references. — For procedure with respect to declaratory judgment, see Rule 1-057 NMRA. Law reviews. — For survey, “Civil Procedure in New Mexico in 1975,” […]
When a proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. History: 1953 […]
In any proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the court may make an award of costs as may seem equitable and just. History: 1953 Comp., § 22-6-14, enacted by Laws 1975, ch. 340, § 11. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments […]
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be […]
For the purpose of the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the state of New Mexico, or any official thereof, may be sued and declaratory judgment entered when the rights, status or other legal relations of the parties call for a construction of the constitution of the state of New Mexico, the constitution […]
The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be remedial. The act’s purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered. History: 1953 Comp., § 22-6-17, enacted by Laws 1975, ch. […]
The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. History: 1953 Comp., […]
In cases of actual controversy, district courts within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration […]
As used in the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], “person” means any person, partnership, joint stock company, unincorporated association or society or municipal or other corporation of any character whatsoever. History: 1953 Comp., § 22-6-6, enacted by Laws 1975, ch. 340, § 3.
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration […]
A contract may be construed either before or after there has been a breach thereof. History: 1953 Comp., § 22-6-8, enacted by Laws 1975, ch. 340, § 5. ANNOTATIONS Action alleging proposed bond issue expenditure unconstitutional not premature. Gomes v. Board of Educ., 1971-NMCA-148, 83 N.M. 207, 490 P.2d 465. Am. Jur. 2d, A.L.R. and […]
The enumeration in Sections 4 [44-6-4 NMSA 1978] and 5 [44-6-5 NMSA 1978] of the Declaratory Judgment Act does not limit or restrict the exercise of the general powers conferred in Section 2 [44-6-2 NMSA 1978], in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or […]
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. History: 1953 Comp., § 22-6-10, enacted by Laws 1975, ch. 340, § 7. ANNOTATIONS Decision to accept declaratory judgment jurisdiction discretionary […]
All orders, judgments and decrees under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] may be reviewed as other order [orders], judgments and decrees. History: 1953 Comp., § 22-6-11, enacted by Laws 1975, ch. 340, § 8. ANNOTATIONS Cross references. — For appeals generally, see Rules 12-201 to 12-216 NMRA. Am. Jur. 2d, A.L.R. […]
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the […]
