A. This act [12-2A-1 to 12-2A-20 NMSA 1978] may be cited as the “Uniform Statute and Rule Construction Act”. B. The Uniform Statute and Rule Construction Act applies to a statute enacted or rule adopted on or after the effective date of that act unless the statute or rule expressly provides otherwise, the context of […]
A. If statutes appear to conflict, they must be construed, if possible, to give effect to each. If the conflict is irreconcilable, the later-enacted statute governs. However, an earlier-enacted specific, special or local statute prevails over a later-enacted general statute unless the context of the later-enacted statute indicates otherwise. B. If an administrative agency’s rules […]
If the text of an enrolled and engrossed bill differs from a later publication of the text, the enrolled and engrossed bill prevails. History: Laws 1997, ch. 173, § 11. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
A. A statute or rule that incorporates by reference another procedural statute of New Mexico incorporates a later enactment or amendment of the other statute. B. A statute that incorporates by reference a rule of New Mexico does not incorporate a later adoption or amendment of the rule. C. A rule that incorporates by reference […]
Headings and titles may not be used in construing a statute or rule unless they are contained in the enrolled and engrossed bill or rule as adopted. History: Laws 1997, ch. 173, § 13. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, […]
A statute or rule that is revised, whether by amendment or by repeal and reenactment, is a continuation of the previous statute or rule and not a new enactment to the extent that it contains substantially the same language as the previous statute or rule. History: Laws 1997, ch. 173, § 14. ANNOTATIONS Effective dates. […]
The repeal of a repealing statute or rule does not revive the statute or rule originally repealed or impair the effect of a savings clause in the original repealing statute or rule. History: Laws 1997, ch. 173, § 15. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule […]
A. An amendment or repeal of a civil statute or rule does not affect a pending action or proceeding or a right accrued before the amendment or repeal takes effect. B. A pending civil action or proceeding may be completed and a right accrued may be enforced as if the statute or rule had not […]
Citations in the following forms are adequate for all purposes: A. session laws: “Laws 1995, Chapter 1, Section 1” or “L. 1995, Ch. 1, § 1”; and B. annotated statutes: “§ 1-1-1 NMSA 1978” or “Section 1-1-1 NMSA 1978”. History: Laws 1997, ch. 173, § 17. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § […]
A. A statute or rule is construed, if possible, to: (1) give effect to its objective and purpose; (2) give effect to its entire text; and (3) avoid an unconstitutional, absurd or unachievable result. B. A statute that is intended to be uniform with those of other states is construed to effectuate that purpose with […]
The text of a statute or rule is the primary, essential source of its meaning. History: Laws 1997, ch. 173, § 19. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
Unless a word or phrase is defined in the statute or rule being construed, its meaning is determined by its context, the rules of grammar and common usage. A word or phrase that has acquired a technical or particular meaning in a particular context has that meaning if it is used in that context. History: […]
A. In considering the text of a statute or rule in light of Sections 2 through 7 [12-2A-2 to 12-2A-7 NMSA 1978] and Sections 18 and 19 [12-2A-18 and 12-2A-19 NMSA 1978] of the Uniform Statute and Rules Construction Act, and the context in which the statute or rule is applied, the following aids to […]
In the statutes and rules of New Mexico: A. “annually” means per year; B. “age of majority” begins on the first instant of an individual’s eighteenth birthday; C. “child” includes a child by adoption; D. “oath” includes an affirmation; E. “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint […]
A. “Shall” and “must” express a duty, obligation, requirement or condition precedent. B. “May” confers a power, authority, privilege or right. C. “May not”, “must not” and “shall not” prohibit the exercise of a power, authority, privilege or right. History: Laws 1997, ch. 173, § 4. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § […]
A. Use of the singular number includes the plural, and use of the plural number includes the singular. B. Use of a word of one gender includes corresponding words of the other genders. C. Use of a verb in the present tense includes the future tense. History: Laws 1997, ch. 173, § 5. ANNOTATIONS Effective […]
A reference to a series of numbers or letters includes the first and last number or letter. History: Laws 1997, ch. 173, § 6. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
In computing a period of time prescribed or allowed by a statute or rule, the following rules apply: A. if the period is expressed in days, the first day of the period is excluded and the last day is included; B. if the period is expressed in weeks, the period ends on the day that […]
A statute or rule operates prospectively only unless the statute or rule expressly provides otherwise or its context requires that it operate retrospectively. History: Laws 1997, ch. 173, § 8. ANNOTATIONS Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. Extending a statute […]
If a provision of a statute or rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the statute or rule that can be given effect without the invalid provision or application, and to this end the provisions of the statute or rule […]
