Section 44-7B-5 – Exceptions; admissibility; discovery.
A. Mediation communications are not confidential pursuant to the Mediation Procedures Act [44-7B-1 NMSA 1978] if they: (1) are contained in an agreement reached by the mediation parties during a mediation, including an agreement to mediate, and the agreement is evidenced by a record signed by the mediation parties, except when parts of the agreement […]
Section 44-7B-6 – Effect of agreement.
A. If the mediation parties reach a settlement agreement evidenced by a record signed by the mediation parties, the agreement is enforceable in the same manner as any other written contract. The agreement shall not affect any outstanding court order unless the terms of the agreement are incorporated into a subsequent order. B. A court, […]
Section 44-8-1 – Short title.
This act [44-8-1 to 44-8-10 NMSA 1978] may be cited as the “Receivership Act”. History: Laws 1995, ch. 81, § 1.
Section 44-8-2 – Purpose.
The purpose of the Receivership Act [44-8-1 NMSA 1978] is to provide a framework for the creation and administration of receiverships. History: Laws 1995, ch. 81, § 2.
Section 44-8-3 – Definitions.
As used in the Receivership Act [44-8-1 NMSA 1978]: A. “applicant” means an interested person who seeks the appointment of a receiver; B. “business entity” means a sole proprietorship, a profit or nonprofit corporation, a general or limited partnership, business trust, joint venture or other enterprise composed of one or more persons or entities; C. […]
Section 44-8-4 – Grounds for appointing a receiver.
A. Upon application to a district court, the district court shall appoint a receiver in an action by a mortgagee or secured party or in any other action based upon a contract or other written agreement, where such mortgage, security agreement, contract or other written agreement provides for the appointment of a receiver. B. Upon […]
Section 44-8-5 – Application for appointment of a receiver.
A. An applicant may apply to the district court for the appointment of a receiver by motion in an action already pending or by a separate petition or complaint. B. An application for the appointment of a receiver shall be verified and shall contain: (1) a description of the receivership estate, including the estimated gross […]
Section 44-7B-1 – Short title.
This act [Chapter 44, Article 7B NMSA 1978] may be cited as the “Mediation Procedures Act”. History: Laws 2007, ch. 11, § 1. ANNOTATIONS Effective dates. — Laws 2007, ch, 11, § 7 makes the act effective on July 1, 2007.
Section 44-7A-24 – Vacating award.
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) the award was procured by corruption, fraud or other undue means; (2) there was: (A) evident partiality by an arbitrator appointed as a neutral arbitrator; (B) corruption by an […]
Section 44-7A-25 – Modification or correction of award.
(a) Upon motion made within ninety days after the movant receives notice of the award pursuant to Section 20 [44-7A-20 NMSA 1978] or within ninety days after the movant receives notice of a modified or corrected award pursuant to Section 21 [44-7A-21 NMSA 1978], the court shall modify or correct the award if: (1) there […]