Injunction in Labor Disputes

NMSA 1978 ch. 50, art. 3

in effect

NMSA 1978, § 50-3-1 [Restrictions on granting of injunctions.]

50-3-1. [Restrictions on granting of injunctions.] No court nor any judge or judges thereof within the state of New Mexico shall have jurisdiction to issue a permanent injunction or restraining order in any case involving or growing out of a labor dispute, within the state, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered and presented, and except after findings of all the following facts by the court or judge or judges thereof: A. that unlawful acts have been threatened or committed and will be executed or continued unless restrained; B. that substantial and irreparable injury to complainant's property will follow unless the relief requested is granted; C. that complainant has no adequate remedy at law; and Such hearing shall be held after due notice as may be ordered in the discretion of the court, and in such manner as the court shall direct, to all known persons against whom relief is sought. Laws 1939, ch. 195, § 1; 1941 Comp., § 57-201; 1953 Comp., § 59-2-1.

NMSA 1978, § 50-3-2 [Temporary restraining order; when issued; security for loss.]

50-3-2. [Temporary restraining order; when issued; security for loss.] If a complainant shall also allege that unless a temporary restraining order shall be issued before such hearing may be had, a substantial and irreparable injury to complainant's property will be unavoidable, such temporary restraining order may be granted as the court may direct by order to show cause. Such order to show cause shall be served upon such party or parties as are sought to be restrained and as shall be specified in said order, and the restraining order shall issue only upon testimony, or in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided for. No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security, to be fixed by the court, sufficient to recompense those enjoined for any loss, expense or damage caused by the improvident or erroneous issuance of such order or injunction, including all reasonable costs and expenses against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. Laws 1939, ch. 195, § 2; 1941 Comp., § 57-202; 1953 Comp., § 59-2-2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18553/index.doFetched: 10/20/2026