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Home » US Law » 2021 New Mexico Statutes » Chapter 38 - Trials » Article 2 - Pleadings and Motions

Section 38-2-1 to 38-2-5 – Repealed.

ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-2-1 through 38-2-5 NMSA 1978, relating to the definition of “pleadings,” stating evidence, presumptions of law or matters judicially noted in pleadings, depositing money in court and parties to written instruments, effective March 21, 1981.

Section 38-2-6 – [Name of defendant unknown.]

When the plaintiff shall be ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name or description, and when his true name is discovered, the pleading or proceeding may be amended accordingly. The plaintiff in such case must state in his complaint that he could […]

Section 38-2-8 – Repealed.

ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-2-7 and 38-2-8 NMSA 1978, relating to the loss or destruction of a written instrument and actions for libel or slander, respectively, effective March 21, 1981.

Section 38-2-9 – [Truth and mitigating circumstances in action for libel or slander.]

In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove the justification or not, he may give mitigating circumstances in evidence. History: […]

Section 38-2-9.2 – Findings and purpose.

The legislature declares that it is the public policy of New Mexico to protect the rights of its citizens to participate in quasi-judicial proceedings before local and state governmental tribunals. Baseless civil lawsuits seeking or claiming millions of dollars have been filed against persons for exercising their right to petition and to participate in quasi-judicial […]