Section 44-7B-4 – Confidentiality.
Except as otherwise provided in the Mediation Procedures Act [44-7B-1 NMSA 1978] or by applicable judicial court rules, all mediation communications are confidential, and not subject to disclosure and shall not be used as evidence in any proceeding. History: Laws 2007, ch. 11, § 4. ANNOTATIONS Effective dates. — Laws 2007, ch, 11, § 7 […]
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 44-7A-27 – Jurisdiction.
(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under the Uniform Arbitration Act [44-7A-1 to 44-7A-32 NMSA 1978]. History: Laws […]
Section 44-7A-28 – Venue.
A motion pursuant to Section 6 [44-7A-6 NMSA 1978] must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be […]
Section 44-7A-29 – Appeals.
(a) An appeal may be taken from: (1) an order denying a motion to compel arbitration; (2) an order granting a motion to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating an award without directing a rehearing; or (6) […]