Declaratory Judgments

NMSA 1978 ch. 44, art. 6

in effect

NMSA 1978, § 44-6-1 Short title

44-6-1. Short title This act [44-6-1 to 44-6-15 NMSA 1978] may be cited as the "Declaratory Judgment Act." 1953 Comp., § 22-6-4, enacted by Laws 1975, ch. 340, § 1.

NMSA 1978, § 44-6-2 Scope

44-6-2. Scope In cases of actual controversy, district courts within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect and shall have the force and effect of a final judgment or decree. 1953 Comp., § 22-6-5, enacted by Laws 1975, ch. 340, § 2.

NMSA 1978, § 44-6-3 Definition

44-6-3. Definition As used in the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], "person" means any person, partnership, joint stock company, unincorporated association or society or municipal or other corporation of any character whatsoever. 1953 Comp., § 22-6-6, enacted by Laws 1975, ch. 340, § 3.

NMSA 1978, § 44-6-4 Power to construe

44-6-4. Power to construe Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder. 1953 Comp., § 22-6-7, enacted by Laws 1975, ch. 340, § 4.

NMSA 1978, § 44-6-5 Contract construction

44-6-5. Contract construction A contract may be construed either before or after there has been a breach thereof. 1953 Comp., § 22-6-8, enacted by Laws 1975, ch. 340, § 5.

NMSA 1978, § 44-6-6 Enumeration not exclusive

44-6-6. Enumeration not exclusive The enumeration in Sections 4 [44-6-4 NMSA 1978] and 5 [44-6-5 NMSA 1978] of the Declaratory Judgment Act does not limit or restrict the exercise of the general powers conferred in Section 2 [44-6-2 NMSA 1978], in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. 1953 Comp., § 22-6-9, enacted by Laws 1975, ch. 340, § 6.

NMSA 1978, § 44-6-7 Discretionary

44-6-7. Discretionary The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. 1953 Comp., § 22-6-10, enacted by Laws 1975, ch. 340, § 7.

NMSA 1978, § 44-6-8 Review

44-6-8. Review All orders, judgments and decrees under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] may be reviewed as other order [orders], judgments and decrees. 1953 Comp., § 22-6-11, enacted by Laws 1975, ch. 340, § 8.

NMSA 1978, § 44-6-9 Supplemental relief

44-6-9. Supplemental relief Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. 1953 Comp., § 22-6-12, enacted by Laws 1975, ch. 340, § 9.

NMSA 1978, § 44-6-10 Jury trial

44-6-10. Jury trial When a proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. 1953 Comp., § 22-6-13, enacted by Laws 1975, ch. 340, § 10.

NMSA 1978, § 44-6-11 Costs

44-6-11. Costs In any proceeding under the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the court may make an award of costs as may seem equitable and just. 1953 Comp., § 22-6-14, enacted by Laws 1975, ch. 340, § 11.

NMSA 1978, § 44-6-12 Parties

44-6-12. Parties When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. 1953 Comp., § 22-6-15, enacted by Laws 1975, ch. 340, § 12.

NMSA 1978, § 44-6-13 State or official may be sued; construction of constitution or statute

44-6-13. State or official may be sued; construction of constitution or statute For the purpose of the Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978], the state of New Mexico, or any official thereof, may be sued and declaratory judgment entered when the rights, status or other legal relations of the parties call for a construction of the constitution of the state of New Mexico, the constitution of the United States or any of the laws of the state of New Mexico or the United States, or any statute thereof. 1953 Comp., § 22-6-16, enacted by Laws 1975, ch. 340, § 13.

NMSA 1978, § 44-6-14 Construction

44-6-14. Construction The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be remedial. The act's purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered. 1953 Comp., § 22-6-17, enacted by Laws 1975, ch. 340, § 14.

NMSA 1978, § 44-6-15 Uniformity of interpretation

44-6-15. Uniformity of interpretation The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. 1953 Comp., § 22-6-18, enacted by Laws 1975, ch. 340, § 15.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18545/index.doFetched: 10/20/2026