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Attorneys' Fees and Costs

NMSA 1978 ch. 39, art. 2
in effect

NMSA 1978, § 39-2-1 Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer

39-2-1. Attorney's fees and costs; insured prevailing in action based on any type of first party coverage against insurer In any action where an insured prevails against an insurer who has not paid a claim on any type of first party coverage, the insured person may be awarded reasonable attorney's fees and costs of the action upon a finding by the court that the insurer acted unreasonably in failing to pay the claim. 1953 Comp., § 58-8-36, enacted by Laws 1977, ch. 113, § 1.

NMSA 1978, § 39-2-2 Deficiencies; attorney fees

39-2-2. Deficiencies; attorney fees In any civil action involving liability for a deficiency pursuant to Section 55-9-504 or 58-19-7 NMSA 1978, the debtor, if prevailing, may in the discretion of the court be allowed a reasonable attorney fee set by the court and taxed and collected as costs. Laws 1981, ch. 10, § 3.

NMSA 1978, § 39-2-2.1 Collection of open accounts; attorney fees

39-2-2.1. Collection of open accounts; attorney fees In any civil action in the district court, small claims court or magistrate court to recover on an open account, the prevailing party may be allowed a reasonable attorney fee set by the court, and taxed and collected as costs. 1953 Comp., § 18-1-37, enacted by Laws 1965, ch. 125, § 1; 1967, ch. 164, § 1; 1975, ch. 147, § 1; 1978 Comp., § 36-2-39, recompiled as 1978 Comp. § 39-2-2.1.

NMSA 1978, § 39-2-3 [Unnecessary splitting of actions.]

39-2-3. [Unnecessary splitting of actions.] When any plaintiff shall bring in the same court several suits against the same defendant that may be joined, and whenever any plaintiffs shall bring in the same court several suits against several defendants that may be joined, the plaintiff shall recover only the costs of one action, and the costs of the other actions shall be adjudged against him unless sufficient reason appear to the court for bringing several actions. Laws 1897, ch. 73, § 129; C.L. 1897, § 2685(129); Code 1915, § 4223; C.S. 1929, § 105-839; 1941 Comp., § 29-102; 1953 Comp., § 25-1-2.

NMSA 1978, § 39-2-4 [Actions ex contractu; recovery of principal amount below jurisdiction of court.]

39-2-4. [Actions ex contractu; recovery of principal amount below jurisdiction of court.] In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him unless the plaintiff's claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court. Kearny Code, Costs, § 2; C.L. 1865, ch. 45, § 2; C.L. 1884, § 2203; C.L. 1897, § 3149; Code 1915, § 4283; C.S. 1929, § 105-1302; 1941 Comp., § 29-103; 1953 Comp., § 25-1-3.

NMSA 1978, § 39-2-5 [Costs on appeal from probate court or magistrate; when judgment appealed from was against appellant.]

39-2-5. [Costs on appeal from probate court or magistrate; when judgment appealed from was against appellant.] When an appeal shall be taken from the judgment of a probate court or justice of the peace [magistrate] against the appellant, the costs shall be adjudged as follows: A. if the judgment be affirmed, or the appellee on a trial anew shall recover as much or more than the amount of the judgment below, the appellant shall pay costs in both courts; B. if, on such trial, the judgment of the appellate court shall be in favor of the appellant, the appellee shall pay costs in both courts; C. if the appellant shall, at any time before the appeal is perfected, tender to the appellee any part of the judgment, and he shall not accept it in satisfaction, and the appellee shall not recover more than the amount as tendered, he shall pay costs in the appellate court, but not in the court below. Kearny Code, Costs, § 3; C.L. 1865, ch. 45, § 3; C.L. 1884, § 2204; C.L. 1897, § 3150; Code 1915, § 4284; C.S. 1929, § 105-1303; 1941 Comp., § 29-104; 1953 Comp., § 25-1-4.

NMSA 1978, § 39-2-6 [When judgment appealed from was for appellant.]

39-2-6. [When judgment appealed from was for appellant.] If such appeal be from a judgment in favor of the appellant, costs shall be adjudged as follows: if upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court; if he recover nothing, the costs shall be adjudged against him in both courts; if he recover more than the judgment below, he shall recover costs in both courts. Kearny Code, Costs, § 4; C.L. 1865, ch. 45, § 4; C.L. 1884, § 2205; C.L. 1897, § 3151; Code 1915, § 4285; C.S. 1929, § 105-1304; 1941 Comp., § 29-105; 1953 Comp., § 25-1-5.

NMSA 1978, § 39-2-7 [Depositions to perpetuate testimony; taxing costs.]

39-2-7. [Depositions to perpetuate testimony; taxing costs.] The costs and expenses of taking the depositions shall be audited and allowed by the officer taking the same, and such costs and expenses, together with the fees of recording and copying the same, shall be taxed in favor of the party or parties paying the same, and collected as other costs in the suit or suits in which such depositions, or any part thereof, may be used. Laws 1882, ch. 12, § 18; C.L. 1884, § 2128; C.L. 1897, § 3066; Code 1915, § 2158; C.S. 1929, § 45-215; 1941 Comp., § 29-106; 1953 Comp., § 25-1-6.

NMSA 1978, § 39-2-8 [Depositions; fees paid to the clerk and witnesses; compensation of officers.]

39-2-8. [Depositions; fees paid to the clerk and witnesses; compensation of officers.] The fees of the county clerk for recording said depositions and certifying the same, shall be the same as are now allowed by law for recording and certifying deeds; and the fees of witnesses shall be the same as are now paid to witnesses in the district court in civil cases, and the fees of the officers taking the depositions shall be five dollars [($5.00)] per day for each day of actual and necessary service. Laws 1882, ch. 12, § 19; C.L. 1884, § 2129; C.L. 1897, § 3067; Code 1915, § 2159; C.S. 1929, § 45-216; 1941 Comp., § 29-107; 1953 Comp., § 25-1-7.

NMSA 1978, § 39-2-9 [Witness fees taxed as costs; limitation.]

39-2-9. [Witness fees taxed as costs; limitation.] In no case in any of the courts of this state, shall any fees for witnesses be taxed to exceed four witnesses, on each side, unless under the direction of the court, and in the court's discretion the same may be necessary. Laws 1887, ch. 40, § 3; C.L. 1897, § 1812; Code 1915, § 5900; C.S. 1929, § 155-106; 1941 Comp., § 29-108; 1953 Comp., § 25-1-8.

NMSA 1978, § 39-2-10 [Taxing costs of additional witnesses; certificate of court required.]

39-2-10. [Taxing costs of additional witnesses; certificate of court required.] It shall not be legal in any civil suit for the clerk of any district court to tax in favor of the prevailing party the costs of more than four witnesses, unless the court shall certify upon the record that the attendance of more than four witnesses was necessary in the case. Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 16; C.L. 1884, § 2209; C.L. 1897, § 3155; Code 1915, § 4286; C.S. 1929, § 105-1305; 1941 Comp., § 29-109; 1953 Comp., § 25-1-9.

NMSA 1978, § 39-2-11 [Bill of costs to be collected after issuance of execution.]

39-2-11. [Bill of costs to be collected after issuance of execution.] When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs. Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10.

NMSA 1978, § 39-2-12 [Transcript of cost book has effect of execution.]

39-2-12. [Transcript of cost book has effect of execution.] In every cause in which either party shall become liable to pay costs, the clerk may make out a transcript from the cost book as above directed, and the same shall have in all respects the force and effect of an execution, and shall be served, collected and returned in the same manner. Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 19; C.L. 1884, § 2212; C.L. 1897, § 3158; Code 1915, § 4289; C.S. 1929, § 105-1308; 1941 Comp., § 29-111; 1953 Comp., § 25-1-11.

NMSA 1978, § 39-2-13 [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.]

39-2-13. [Collection of excessive fees or fees for services not rendered; retaxing costs; civil penalty.] Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is made in three times the amount of such charge: provided, that the same has been paid by the party; and when such payment has been made, the party against whom the charge has been made may petition the court to retax the costs, and if the court shall find that fraudulent charges have been made and paid, it shall adjudge the officer in fault to pay to the party injured three times the amount of the charges and enforce the collection of the same by means of an execution as in other cases. Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 20; C.L. 1884, § 2213; C.L. 1897, § 3159; Code 1915, § 4290; C.S. 1929, § 105-1309; 1941 Comp., § 29-112; 1953 Comp., § 25-1-12.

NMSA 1978, § 39-2-14 [Plaintiff may be required to give security for costs; abatement on failure; reinstatement.]

39-2-14. [Plaintiff may be required to give security for costs; abatement on failure; reinstatement.] In all cases the plaintiff, on motion of any person interested in the suit or costs, may be ruled to give security for costs, and in case he shall fail so to do on or before the first day of the next term after such rule, the case shall abate. Provided, however, that should said parties at any time during said term file with the clerk of the district court a good and sufficient bond, such cause may upon application of said party be reinstated on the docket of the court, subject to trial during the term as other cases. Laws 1850-1851, p. 146; C.L. 1865, ch. 27, § 47; C.L. 1884, § 1843; C.L. 1897, § 2892; Laws 1909, ch. 77, § 1; Code 1915, § 4291; C.S. 1929, § 105-1310; 1941 Comp., § 29-113; 1953 Comp., § 25-1-13.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18539/index.doFetched: 10/20/2026

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