Pleadings and Motions

NMSA 1978 ch. 38, art. 2

in effect

NMSA 1978, § 38-2-6 [Name of defendant unknown.]

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 not ascertain the true name, and the summons must contain the words, "real name unknown". Laws 1897, ch. 73, § 84; C.L. 1897, § 2685 (84); Code 1915, § 4166; C.S. 1929, § 105-609; 1941 Comp., § 19-406; 1953 Comp., § 21-4-6.

NMSA 1978, § 38-2-9 [Truth and mitigating circumstances in action for libel or slander.]

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 In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to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. Laws 1897, ch. 73, § 75; C.L. 1897, § 2685 (75); Code 1915, § 4155; C.S. 1929, § 105-531; 1941 Comp., § 19-409; 1953 Comp., § 21-4-9.

NMSA 1978, § 38-2-9.1 Special motion to dismiss unwarranted or specious lawsuits; procedures; sanctions; severability

38-2-9.1. Special motion to dismiss unwarranted or specious lawsuits; procedures; sanctions; severability A. Any action seeking money damages against a person for conduct or speech undertaken or made in connection with a public hearing or public meeting in a quasi-judicial proceeding before a tribunal or decision-making body of any political subdivision of the state is subject to a special motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment that shall be considered by the court on a priority or expedited basis to ensure the early consideration of the issues raised by the motion and to prevent the unnecessary expense of litigation. B. If the rights afforded by this section are raised as an affirmative defense and if a court grants a motion to dismiss, a motion for judgment on the pleadings or a motion for summary judgment filed within ninety days of the filing of the moving party's answer, the court shall award reasonable attorney fees and costs incurred by the moving party in defending the action. If the court finds that a special motion to dismiss or motion for summary judgment is frivolous or solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the party prevailing on the motion. C. Any party shall have the right to an expedited appeal from a trial court order on the special motions described in Subsection B of this section or from a trial court's failure to rule on the motion on an expedited basis. D. As used in this section, a "public meeting in a quasi-judicial proceeding" means and includes any meeting established and held by a state or local governmental entity, including without limitations, meetings or presentations before state, city, town or village councils, planning commissions, review boards or commissions. E. Nothing in this section limits or prohibits the exercise of a right or remedy of a party granted pursuant to another constitutional, statutory, common law or administrative provision, including civil actions for defamation or malicious abuse of process. F. If any provision of this section or the application of any provision of this section to a person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. Laws 2001, ch. 218, § 2.

NMSA 1978, § 38-2-9.2 Findings and purpose

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 proceedings before governmental tribunals. Such lawsuits can be an abuse of the legal process and can impose an undue financial burden on those having to respond to and defend such lawsuits and may chill and punish participation in public affairs and the institutions of democratic government. These lawsuits should be subject to prompt dismissal or judgment to prevent the abuse of the legal process and avoid the burden imposed by such baseless lawsuits. Laws 2001, ch. 218, § 1.

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