Venue; Change of Judge

NMSA 1978 ch. 38, art. 3

in effect

NMSA 1978, § 38-3-1 County in which civil action in district court may be commenced

38-3-1. County in which civil action in district court may be commenced All civil actions commenced in the district courts shall be brought and shall be commenced in counties as follows and not otherwise: A. First, except as provided in Subsection F of this section relating to foreign corporations, all transitory actions shall be brought in the county where either the plaintiff or defendant, or any one of them in case there is more than one of either, resides; or second, in the county where the contract sued on was made or is to be performed or where the cause of action originated or indebtedness sued on was incurred; or third, in any county in which the defendant or either of them may be found in the judicial district where the defendant resides. B. When the defendant has rendered himself liable to a civil action by any criminal act, suit may be instituted against the defendant in the county in which the offense was committed or in which the defendant may be found or in the county where the plaintiff resides. C. When suit is brought for the recovery of personal property other than money, it may be brought as provided in this section or in the county where the property may be found. D. (1) When lands or any interest in lands are the object of any suit in whole or in part, the suit shall be brought in the county where the land or any portion of the land is situate. (2) Provided that where such lands are located in more than one county and are contiguous, that suit may be brought as to all of the lands in any county in which a portion of the lands is situate, with the same force and effect as though the suit had been prosecuted in each county in which any of the lands are situate. In all such cases in which suit is prosecuted in one county as to contiguous lands in more than one county, notice of lis pendens shall be filed pursuant to Sections 38-1-14 and 38-1-15 NMSA 1978 in each county. For purposes of service of process pursuant to Rule 4 [Rule 1-004 NMRA] of the Rules of Civil Procedure for the District Courts, any such suit involving contiguous lands located in more than one county shall be deemed pending in each county in which any portion of the land is located from the date of filing of the lis pendens notice. E. Suits for trespass on land shall be brought as provided in Subsection A of this section or in the county where the land or any portion of the land is situate. F. Suits may be brought against transient persons or non-residents in any county of this state, except that suits against foreign corporations admitted to do business and which designate and maintain a statutory agent in this state upon whom service of process may be had shall only be brought in the county where the plaintiff, or any one of them in case there is more than one, resides or in the county where the contract sued on was made or is to be performed or where the cause of action originated or indebtedness sued on was incurred or in the county where the statutory agent designated by the foreign corporation resides. G. Suits against any state officers as such shall be brought in the court of the county in which their offices are located, at the capital or in the county where a plaintiff, or any one of them in case there is more than one, resides, except that suits against the officers or employees of a state educational institution as defined in Article 12, Section 11 of the constitution of New Mexico, as such, shall be brought in the district court of the county in which the principal office of the state educational institution is located or the district court of the county where the plaintiff resides. Laws 1875-1876, ch. 2, § 1; C.L. 1884, § 1893; C.L. 1897, § 2950; Laws 1899, ch. 80, § 16; Code 1915, § 5567; C.S. 1929, § 147-101; 1941 Comp., § 19-501; Laws 1951, ch. 121, § 1; 1953 Comp., § 21-5-1; Laws 1955, ch. 258, § 1; 1957, ch. 124, § 1; 1981, ch. 70, § 1; 1988, ch. 8, § 1.

NMSA 1978, § 38-3-1.1 Jurisdiction of district courts

38-3-1.1. Jurisdiction of district courts All district courts have jurisdiction to review the action of any executive branch, agency or department in those cases in which a statute provides for judicial review. Laws 1988, ch. 8, § 2.

NMSA 1978, § 38-3-2 [Actions against municipality or board of county commissioners.]

38-3-2. [Actions against municipality or board of county commissioners.] All civil actions not otherwise required by law to be brought in the district court of Santa Fe county, wherein any municipality or board of county commissioners is a party defendant, shall be instituted only in the district court of the county in which such municipality is located, or for which such board of county commissioners is acting. Laws 1939, ch. 85, § 1; 1941 Comp., § 19-502; 1953 Comp., § 21-5-2.

NMSA 1978, § 38-3-3 Change of venue in civil and criminal cases

38-3-3. Change of venue in civil and criminal cases The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception: A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or B. when the party moving for a change files in the case an affidavit of himself, his agent or attorney, that he believes he cannot obtain a fair trial in the county in which the case is pending because: (1) the adverse party has undue influence over the minds of the inhabitants of the county; (2) the inhabitants of the county are prejudiced against the party; (3) of public excitement or local prejudice in the county in regard to the case or the questions involved in the case, an impartial jury cannot be obtained in the county to try the case; or (4) of any other cause stated in the affidavit. Laws 1929, ch. 60, § 1; C.S. 1929, § 147-105; 1941 Comp., § 19-503; 1953 Comp., § 21-5-3; Laws 1965, ch. 187, § 1; 2003, ch. 52, § 1.

NMSA 1978, § 38-3-4 Change of venue by stipulation of parties

38-3-4. Change of venue by stipulation of parties In addition to the provisions for change of venue in Section 38-3-3 NMSA 1978, a change of venue from one county to another within the same judicial district may be ordered by a district judge in any civil or criminal proceeding in a district court if both parties stipulate in writing to that change. 1953 Comp., § 21-5-3.1, enacted by Laws 1961, ch. 129, § 1.

NMSA 1978, § 38-3-5 [Evidence in support of application; findings; decision.]

38-3-5. [Evidence in support of application; findings; decision.] Upon the filing of a motion for change of venue, the court may require evidence in support thereof, and upon hearing thereon shall make findings and either grant or overrule said motion. Laws 1929, ch. 60, § 2; C.S. 1929, § 147-106; 1941 Comp., § 19-504; 1953 Comp., § 21-5-4.

NMSA 1978, § 38-3-6 [Second change of venue not matter of right.]

38-3-6. [Second change of venue not matter of right.] A second change of venue shall not be allowed in any civil or criminal case, as a matter of right, but shall be within the discretion of the court. Laws 1880, ch. 6, § 10; C.L. 1884, § 1834; C.L. 1897, § 2880; Code 1915, § 5572; C.S. 1929, § 147-107; 1941 Comp., § 19-505; 1953 Comp., § 21-5-5.

NMSA 1978, § 38-3-7 County to which case may be removed

38-3-7. County to which case may be removed In all cases where a change of venue is granted, the case shall be removed to another county within the same judicial district unless the remaining counties are subject to exception, or unless the change of venue is ordered upon any of the grounds relating to the judge. Under these circumstances, the case shall be removed to some county of the nearest judicial district which is free from exception. Laws 1889, ch. 77, § 3; C.L. 1897, § 2883; Code 1915, § 5575; C.S. 1929, § 147-108; 1941 Comp., § 19-506; 1953 Comp., § 21-5-6; Laws 1965, ch. 187, § 2.

NMSA 1978, § 38-3-9 Peremptory challenge to a district judge

38-3-9. Peremptory challenge to a district judge A party to an action or proceeding, civil or criminal, including proceedings for indirect criminal contempt arising out of oral or written publications, except actions or proceedings for constructive and other indirect contempt or direct contempt shall have the right to exercise a peremptory challenge to the district judge before whom the action or proceeding is to be tried and heard, whether he be the resident district judge or a district judge designated by the resident district judge, except by consent of the parties or their counsel. After the exercise of a peremptory challenge, that district judge shall proceed no further. Each party to an action or proceeding may excuse only one district judge pursuant to the provisions of this statute. In all actions brought under the Workmen's Compensation Act (52-1-1 to 52-1-69 NMSA 1978) [Workers' Compensation Act (Chapter 52, Article 1 NMSA 1978)], the employer and the insurance carrier of the employer shall be treated as one party when exercising a peremptory challenge to the judge under this statute. The rights created by this section are in addition to any arising under Article 6 of the constitution of New Mexico. 1978 Comp., § 38-3-9, enacted by Laws 1985, ch. 91, § 1.

NMSA 1978, § 38-3-10 Time for filing affidavit of disqualification

38-3-10. Time for filing affidavit of disqualification The affidavit of disqualification shall be filed within ten days after the cause is at issue or within ten days after the time for filing a demand for jury trial has expired, or within ten days after the judge sought to be disqualified is assigned to the case, whichever is the later. Laws 1933, ch. 184, § 2; 1941 Comp., § 19-509; 1953 Comp., § 21-5-9; Laws 1971, ch. 123, § 1; 1977, ch. 228, § 2.

NMSA 1978, § 38-3-11 Costs paid by county of origin

38-3-11. Costs paid by county of origin Whenever a change of venue is granted, all costs in civil and criminal cases shall be paid from the court fund of the county in which the case originated. 1953 Comp., § 21-5-10, enacted by Laws 1965, ch. 187, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18538/index.doFetched: 10/20/2026